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Received Response from Lawyer- way past time limit for 2nd chance validation.
Okay-
Received a response from the law office of Wolpoff and Abramson (law office) today. Here's the rundown: I received the "letter" from the office telling me that Discover had contacted them for a debt they say I owe. I have thirty to respond or dispute. Within the 30 I sent out the validated letter via certified mail. I waited about 45 days, no response. I then sent the second letter to adv they were now in violation of the FDCPA (section 809(b). 45 days pass or so and I post my question yesterday on where to go from here... Well, as fate has it... I received all of my credit card statements for the time that I had the CC today along with a print out stating "debtor name" "client" "W&A FILE" "client account" "date" "This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose." So over and over I've read that they have to send the original signed document to validate. Here's the thing. When I first got this card it was under my maiden name. While "honeymooning" I tried using my card but it was reported as lost or stolen by Discover. Then sent out a new credit card with my new name. I never signed anything with my married name. I'm pretty confident they won't find anything with a signed agreement. Where do I go from here. I'm gathering that I write the LLC stating that the credit card statements do not validate this debt and will not be supported in the court of law. Also, that they need to show me proof of contract that they own this debt to collect. Is this correct and am I missing anything? Thanks for reading and I appreciate the time you've spent posting... Thanks again, Ms_Starbuck82 |
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[QUOTE=Ms_Starbuck82]Okay-
Received a response from the law office of Wolpoff and Abramson (law office) today. Here's the rundown: I received the "letter" from the office telling me that Discover had contacted them for a debt they say I owe. I have thirty to respond or dispute. Within the 30 I sent out the validated letter via certified mail. I waited about 45 days, no response. I then sent the second letter to adv they were now in violation of the FDCPA (section 809(b). 45 days pass or so and I post my question yesterday on where to go from here... Well, as fate has it... I received all of my credit card statements for the time that I had the CC today along with a print out stating "debtor name" "client" "W&A FILE" "client account" "date" "This is an attempt by a debt collector to collect a debt and any information obtained will be used for that purpose." So over and over I've read that they have to send the original signed document to validate. Here's the thing. When I first got this card it was under my maiden name. While "honeymooning" I tried using my card but it was reported as lost or stolen by Discover. Then sent out a new credit card with my new name. I never signed anything with my married name. I'm pretty confident they won't find anything with a signed agreement. Where do I go from here. I'm gathering that I write the LLC stating that the credit card statements do not validate this debt and will not be supported in the court of law. Also, that they need to show me proof of contract that they own this debt to collect. Is this correct and am I missing anything? Thanks for reading and I appreciate the time you've spent posting... = No, I don't think you are correct - you had an agreement in your previous name; you couldn't use the card; a card on that same account was issued in your married name (which, presumably you gave them); you used the card in the married name. You didn't make the payments. It's still your debt because you used the card and the original agreement carried over, through the name change. Whether you use your original name or not, that is still who you are. |
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I'm not questioniong the validation of the debt and whether's mine or not...
My question was whether itemized credit card statements were considered validation. They are... I simply was stating that if validation was determined with only a signed agreement that more in likely that would not be found... Thanks for your time anyhow. Warm Regards |
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