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Not proper debt validation received - what should I do next?

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Mefisto04

Mefisto04

Joined: 06 Jul 2009
Mefisto04's page
Posts: 3



484 Magic Points

Subject: Not proper debt validation received - what should I do next?
 
Posted on Tue Sep 01, 2009 1:08 am  

Just received debt validation letter, which looks not proper and valid to me.
This is what I received:

Dear…..
Global Acceptance Credit Company purchased and now owns the referenced account.
It was purchased by GACC on 2/3/2007
As per your request for verification of the account please see the information below:

Original Creditor: Capitol One
Description: Visa
Original Account Number: (16 digit number)
Account Data Open: 11/29/2001
Last Payment Date: 6/19/2003

Should you have questions regarding the above referenced account or would like to discussed any of the information, please call me at
Cordially,
Name
Research Department Manager

This is it. No any supporting documentation. Only this letter.
Is that valid and proper validation?
And what I should do next?
Please, advise. Any help will be greatly appreciated
carol

carol

Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California


30065 Magic Points

 
Posted on Tue Sep 01, 2009 10:32 am  

Hi Mefisto04

You could ask them for a copy of the original agreement between you and the original creditor and a copy of the agreement between them and the OC that the debt has been transferred to them. If you wish you may even contact your OC and ask them f they have at all transferred the debt to this collection agency or not.
_________________
Keep in touch
Carol
swsabean



Joined: 12 Jul 2008
swsabean's page
Posts: 11



599 Magic Points

 
Posted on Tue Sep 01, 2009 12:03 pm  

Hi Mefisto04.

I am in exactly the same situation. About a year ago, I sent a DV letter to a CA and received a response very similar to yours. Naturally, the question was, what recourse do I have? Can I sue the CA for violation of the FDCPA? I surely could use 1000 dollars in damages. What is the legal status of debt validation uder the FDCPA? I even started a thread on the topic in this forum.

First, the bad news. The threshold for debt validation under the FDCPA is very low. Much lower, in fact, than many people here seem to think it is. The FDCPA itself says nothing about what a proper debt validation should look like. Hence, it appears that the issue has been left to the courts. And we have decisions from the 2nd, 4th, 7th, and 9th Circuits that all make it plain that there is no requirement for an extensive laundry list of documentation to be provided. The 4th Circuit Court of Appeals had this to say about it:

"Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt."

I even consulted with an attorney specializing in federal litigation about this. He would not take the case because, in view of the already established precedents, he felt I had no case.

Dismal, I know. So what can we do?

Well, here's the good news. Even though I am not going to sue for violations of the FDCPA, the letter that the CA sent is useful. You see, the reason why the CA did not provide detailed information is because they do not have any. Therefore, they do not dare to sue me for the amount they claim is owed, because I will get a dismissal in a New York minute. Contract law 101: no contract, no debt. So, we have this deadlock situation and I will simply wait for the derogatory entries on my credit reports to someday expire. Meanwhile, I have filed complaints about this CA with various agencies: the FTC, ACA, and the state Attorney General for all the good it will do.

Your case appears to be even simpler. It looks like your alleged debt might be beyond the SOL. If so, then if the CA files suit, you put in a motion for dismissal on those grounds.

Hope this helps.
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It not a technical reason but rather an amazing one. The M to be sure it was born as the Myrtle Ave El which ran from the Brooklyn Bridge to Wyckoff Ave. The reason it wasn extended further is obvious once you think of it: Brooklyn and Queens weren yet section of the same city. The Brooklyn Rapid Transit Co didn have the rights of building lines in places that weren Brooklyn and Wyckoff is the border. At Wyckoff Av it had a trolley that continued northeast to the major cemeteries in Middle Village.

Cemeteries in the late 19th Century were accepted more as parks than they are today. You would take your family out of the city and walk through the quiet, landcaping cemetery to spend the afternoon. It wasn abnormal to see families having picnics there, Maybe next to the grave of a past dear relative. on top, If you needed to get lots of to a funeral and you didn have private automobiles then a train would be the next best option.

So in 1898 the city combined, Brooklyn and Queens were now part of the better NYC. Queens at that point was still mostly farmland with some major towns spread about, The largest were LIC which included Astoria, purging yourself of, or Jamaica. Part ukraine wife of the reason for consolidation was so services like transit could be spread throughout the city. Once the first subway proved popular the city and private companies began planning extensions. Queens saw some brand new lines in Astoria and to Corona but this also gave the BRT the power to extend their Brooklyn lines. So that train line to the cemetery was elevated and was crowned the end of the M train.

But why didn it go any more? Because there wasn any reason to supply it. Central Queens took years to build the way it is now; Even into the 1950s there were undeveloped farm lands in central Queens. Because pre expanded areas like Astoria, purging and Jamaica already had demand they saw service first. Keep in mind these lines were build by private companies scheming to make money. You can build a line into a corn field and hope it will be developed or you can build a line to where people already are and start earning money from.

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