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Got a letter back...


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I got a response today from one of my validation letters. It's 6 pages. The first 3 are statements. The next 3 are from the original creditor. It's for an auto insurance payment plan. Here's the catch, it's for both me and my lady and she was the one who signed the contract but my name is the only one on contract (my name always falls first on these things so the bills come in my name). Under the signature area it states "Insured's signature or authourized representative"

What gives? Can I blast them? I ready to do battle, but this may be validation. Any thoughts? Any lawyers out there?

[Edit by cooper on Monday, July 29, 2002 @ 10:38 AM]

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There is no such thing that this "may" be validation.

It is like saying someone "may" be pregnant. Either someone is pregnant or not. There is no maybe.

1. They sent you a contract with no signature.

That is absolutely worthless.

2. They sent you a bunch of printouts.

That too is worthless.

That is why the law was written that an outfit needs to provide solid proof that a debt does indeed belong to you. If no proof exists, then you have absolutely no liability for it. And it cannot be reported on your credit report.

You need to send a copy of all that crap that this outfit sent you to the CRAs. You need to state that this outfit has failed to provide the following:

• Copies of a signed contract or an instrument bearing my signature.

• Documentation verifying that I did in fact have an outstanding balance from this account.

• An explanation on how a calculation was made on what I purportedly owed.

• An explanation of the procedures used to inform me of such an outstanding balance.

In that letter, tell the CRA that a contract "without" your signature is worthless. Also include the following FTC Wollman opinion letter:

http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

The FTC Wollman opinion clearly states that an itemized computer generated print out is not proof that a debt belongs to you:

The crap that the CA sent you is gold!!!!!!!!!!!!

Use it to your advantage. You now have the solid evidence from the CA that they cannot prove that this debt belongs to you and it is a violation of federal law to have this trade line reported on your credit report.

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