[mes34]

Hello, I've received a summons 2 weeks ago from a law firm representing CACH in Colorado (Melissa A Ferris, Orlando) esquire. In doing the follow up research I've checked the cleark of county court website and there is indeed a suit. Also I called the CC company and they gave me the date they sold off the debt to CACH.

The summons is the first communication I've had from these people. In the complaint, no where does it list having a 30 day vailidation period. Is this in itself a violation of the FDCPA?

I would like to compose a validation letter. Mainly because paragraph 8 is the statement "8. The Plaintiff purchased the account from the orginal creditor, Bank One, for good and valuable consideration. A copy of the Affidavit of Indebtedness and Certificat of Assignment is attached hereto and incorporated by reference." So attached to the complaint is a notorized affidavit that says mainly: "1. I am the Authorized Agent for the Plaintiff and I am familiar with the books and accounts for the Plaintiff. I have personal knowledge based on the information as to provided to us by the orgininal creditor and accordgin to the books and records of CACH, LLC."

Mainly the other items in the complaint accurate as in I did have the credit card and agreed to original terms and yadda yadda. They attached also what looks like the last credit card statement and the original T&C's (with the aribtration clause highlighted, I might add.

I should also add great state of Florida I still have a year left until the SOL expires.

Sooooo, this brings me to my main questions..
1. Can I go to the courthouse and file as a response, a validation letter? As the summons specifically does not include any reference to the validation period.
2. My MAIN concern is if I compose and file a validtion letter, that it won't slow the legal process. That if the 20 days expire then I'll still get a judgement. Do I need to be asking for a continuance, or stay, or delay for discovery or something?
3. Also I'm afraid to comment to the paragraphs on the complaint as they are by and large accurate, and I don't want to screw up the legalese.
4. The online docket currently doesn't list a court date, so I'm watching this but I don't know what additional activity will show there before they issue a judgement against me.
5. Or what else could I file to slow this? Should I tell them I want arbitration per the T&C's they included in the complaint?

They have offered a rather high settlement, about 90% of the listed debt. If they would make it something sensible like 25% then I would pay it. But I get the feeling from all I'm reading, these guys either want to scare you into a high settlement or just get the judgement. So I sort of get the feeling if I show any kind of sensible backbone it will help.

And the kickier, I only have about 4 days to make a response! Please, anyone, any advice! Help! This forum is a wealth of info, kudo's to all involved.

Mike in the Sunshine State..

[mes34]

Here is the attached affidavit, as far as I can tell this is the only evidence connecting the collections atty and the original creditor.

CACH Pltf vs me D't.
Affidavit of indebtedness and certificate of assignment
State of Colarado
Before me, the undersigned authority, this day personally appeared, xx, who after being duly sworn, according to the law, deposes and says:
1. I am the authorized agent for the Plaintiff and I am familiar with the books and accounts for the Plaintiff. I have personal knowledge based on the information as provided to us by the original creditor and according to the books and records of CACH, LLC.
2. The Defendant, me, currently owes the principal amount of $xxk for monies due to B1 credit card account number XXX.
3. The B1 credit card account was charged off on or about 12/31/2004 and was sold to CACH, LLC for good and valuable consideration.
4. The account was sold with a past due balance of $xxk to the Plaintiff CACH, LLC..

And all of this is signed and notorized in Colorado.

So mainly this whole thing hinges on point 1 above, that someone has signed and notorized that they have personal knowledge of a debt sold from the CC to CACH..

It's amazing this stuff happens every day.
Any thoughts?

[mes34]

I'm generally leaning toward a blanket denial or your 'I don't know statement' from your second post.

Here is an a simple list of the complaint paragraphs:
1. This is an action for damages that does not exceed 15k exclusive of interest, court costs, and attorney's fees.
2. The Plaintiff is a an LLC with principal address blah blah CACH Colorado.
3. The defendant is a resident of Miami, Dade county FL.
4. The D entered into an agreement with Bank1 to obtain a credit card acct. number X.. X.
5. Commencing on x/x/95, the D accepted the CC services rendered by B1, and there4 reveived the use, enjoyment and benefits of service.
6. The D breached the agreement by defaulting on the montly payments due on the Bank1 account and it was closed for failure to pay on or about 12/31/4
7. The D expressly agreed that the if the account went into default the remaining unpaid balance would be immed. Paid.
8. The P purchased the account from the original creditor, B1, for good and valuable consideration. A copy of the Affidavit of Indebtedness and Certificate of Assignment is attached hereto and incorporated by reference.
9. The D's account has a remaining balance of $X exclusive of interest, court costs, and attys fees.
10. The D agreed to pay the P's cost of collection, including reasonable atty's fee in this matter would be a min of $600 and will seek an award in that amount if a default judgement is entered against the D. In the event the matter is contested, the P intends seek additional atty's fees based on the hours spent, services rendered and other reasonable factors.
11. The P has complied with all conditions precedent to the filing of this complaint.
12. This is an attempt to collect a debt, all info used for that purpose.

That's the whole thing, I think I'll jot down the affidavit in another post.

The main thing is quite a few of their points are accurate. Points 3-7 sound generally accurate. I could use the 'I don't know' statement for the others? Or all of them?

Thoughts?
mike

[mr.yet]

First, File Notice of intend to defend, this will get the matter in court,
Now send a discovery to the plaintiff and request documents related to the account, original signed contract, accounting of the alleged debt, How much did they purchased the alleged debt for. etc.

You much file the notice to defend since the suit has been filed, that is first.

[mes34]

Thanks Mr.Yet, agreed, I'm just researching and digging out content for that response now..