treici Posted October 29, 2002 Report Share Posted October 29, 2002 Okay, we got a bunch of print out stuff from a collection agency handling stuff from the period when hubby and ex were separated. Nothing contains a signature!!! Is there a specific letter that demands they provide a signature for validation? I do have a copy of the Wollman opinion to provide them as well. Also, CA sent back note stating that they did not send info regarding a telephone bill because it was in his exes name only...this was dated 10/15. BUT, we pulled hubby's credit report this morning and it's still listed as an unpaid collection...not even as disputed!!! Link to comment Share on other sites More sharing options...
Swede Posted October 29, 2002 Report Share Posted October 29, 2002 It's established by case law in the case of Spears v. Brennan. There's no special letter, it's more common sense that if they can't provide a signed contract then how can they know it's your debt. Link to comment Share on other sites More sharing options...
Swede Posted October 29, 2002 Report Share Posted October 29, 2002 Here's the case Spears v. Brennan [Edit by Swede on Tuesday, October 29, 2002 @ 11:32 AM] Link to comment Share on other sites More sharing options...
learning Posted November 13, 2002 Report Share Posted November 13, 2002 Swede can you point out or even quote the part that says it is implied? I got the same letter (or package); it was over 30 pages itemized statement ranging back to 5 years ago. But no where is there my name or my signature, just an account number and balances with overdue balances!! [Edit by learning on Tuesday, 12, 2002 @ 05:12 PM] Link to comment Share on other sites More sharing options...
Swede Posted November 13, 2002 Report Share Posted November 13, 2002 If they claim that you owe something, they need to show some contractual agreement that you agreed to pay along with a signature showing it is indeed you that owe the debt. In order for them to show the amount of the debt they claim you owe, they must show how they came up with the amount with an accounting statement showing charges and payments made. One without the other doesn't constitute proof that you owe what they claim you owe. Spears v. BrennanBrennan maintains, however, that there was no violation of the FDCPA because he “sent adequate verification of the debt [to Spears] in the October 30, 1996 notice of claim.” Brief of Appellee at 13. Specifically, Brennan claims that a copy of the consumer credit contract between Spears and American General attached to the notice of claim provided sufficient verification of the debt within the meaning of 15 U.S.C. § 1692g(. We cannot agree.The contract in no way provides sufficient verification of the debt. A review of the document reveals that it identifies only the terms of Spears’ loan, including a 17.99% annual interest rate and the original loan amount of $2,561.59. The loan agreement contains no accounting of any payments made by Spears, the dates on which those payments were made, the interest which had accrued, or any late fees which had been assessed once Spears stopped making the required payments. Indeed, the existing unpaid contract balance at the time Brennan sent the debt collection notice was at least $350.00 more than the original loan amount. Link to comment Share on other sites More sharing options...
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