Anonymous Posted October 3, 2002 Report Share Posted October 3, 2002 Where to start. I had a CA try to collect on a debt that was a co-sign on a retail installment contract from 12/92, last activity 5/95 according to the CA. I sent the CA a validation letter, never heard anything for a few months, than I got a letter from a attorney for the CA with a retail installment contract attached with a signature that resembles mine. They say they are verifying the debt. None of this has ever been on my credit report. The CA and law firm so far have violated five provisions of the FDCPA . Anyway, I decided to get a attorney involved on my behalf, he says its out of SOL, he will take my case and go after these guys. Here are my questions:1) I want this matter put to bed, I don’t care about any $ awarded, I just want it behind me. What do need to make sure I get in writing that I am free and clear from this alleged debt?2) My attorney is doing this on a contingent basis, is this normal? What should I assume that should be based on?3) The letter form the CA’s law firm said that if they do not here from me with in 10 days they will continue collection activity. I mentioned this to my attorney and he said for me to send a letter stating “I refuse to pay this debt5. Do not contact me” Does this seem correct.Sorry for the long rambling and I look forward to your responses Link to comment Share on other sites More sharing options...
admin Posted October 4, 2002 Report Share Posted October 4, 2002 <blockquote>I sent the CA a validation letter, never heard anything for a few months, than I got a letter from a attorney for the CA with a retail installment contract attached with a signature that resembles mine. They say they are verifying the debt. Is it yours? (Your signature?)None of this has ever been on my credit report. The CA and law firm so far have violated five provisions of the FDCPA . How did they violate it? You didn't give the details here.1) I want this matter put to bed, I don’t care about any $ awarded, I just want it behind me. What do need to make sure I get in writing that I am free and clear from this alleged debt?Well, they are past the SOL to collect, they can't report on your credit report, so I don't think you need to do anything but tell them to go pound sand. If they continue to bother you, it's more mola for you!2) My attorney is doing this on a contingent basis, is this normal? What should I assume that should be based on?That's the best way to go! Plus your lawyer obviously thinks you have a strong case.3) The letter form the CA’s law firm said that if they do not here from me with in 10 days they will continue collection activity. I mentioned this to my attorney and he said for me to send a letter stating “I refuse to pay this debt5. Do not contact me” Does this seem correct.Your debt validation request already is taking care of the Cease and Desist Order. But if you want to send another one, only addressing the cease and desist, that works, too. Link to comment Share on other sites More sharing options...
Anonymous Posted October 4, 2002 Author Report Share Posted October 4, 2002 Thanks for the reply!!!!!!!!! Link to comment Share on other sites More sharing options...
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