c m chase Posted April 8, 2004 Report Share Posted April 8, 2004 *edit* Link to comment Share on other sites More sharing options...
ghacorp Posted April 8, 2004 Report Share Posted April 8, 2004 It's all legal poppy-c***. The letter practically admits they cannot validate, so there is nothing further you need to do, so shred it and forget it! Link to comment Share on other sites More sharing options...
c m chase Posted April 8, 2004 Author Report Share Posted April 8, 2004 Sweet!! Thanks. I'm not surprised with Midland doing that. Thanks, gha!! Link to comment Share on other sites More sharing options...
Methuss Posted April 9, 2004 Report Share Posted April 9, 2004 The letter is a FDCPA violation. It does not include the section 807 notice that must be included on every single communication.The "affidavit" is also a violation for being a form meant to imitate a court document. Link to comment Share on other sites More sharing options...
c m chase Posted April 9, 2004 Author Report Share Posted April 9, 2004 *edit* Link to comment Share on other sites More sharing options...
Methuss Posted April 12, 2004 Report Share Posted April 12, 2004 The "affidavit" is also a violation for being a form meant to imitate a court document.Well, that was my thinking too, but someone on CB told me that it's the actual affidavit they'll use when they file, so I didn't think too much more about it. I figured it was kinda like me filling out small claims paperwork and sending it with an ITS letter without filing. I dunno.There's no law saying you, as the consumer, can't use such tactics. But there is the law saying the CA can't. If you saw my other post with the letter I fired off to DCS, you can see that I don't say I'm a lawyer writing on behalf of my wife...everything is factual and true in the letter...but if they come to the wrong conclusion that I'm a lawyer, then I'm not going to correct their paranoia. Link to comment Share on other sites More sharing options...
ceowens Posted April 12, 2004 Report Share Posted April 12, 2004 It's all legal poppy-c***. The letter practically admits they cannot validate, so there is nothing further you need to do, so shred it and forget it!I agree with this to a point...but, geeeeeeez! Please don't shred anything! File it in case you need evidence later! Link to comment Share on other sites More sharing options...
E Montgomery Posted April 12, 2004 Report Share Posted April 12, 2004 It may be crap, but be aware that sometimes courts require an affidavit to accompany the complaint so, they may be intending to intimidate you into thinking they are progressing toward filing suit. Link to comment Share on other sites More sharing options...
c m chase Posted April 12, 2004 Author Report Share Posted April 12, 2004 *edit* Link to comment Share on other sites More sharing options...
ceowens Posted April 12, 2004 Report Share Posted April 12, 2004 Well, first of all, I wouldn't take it literally and shred anything. I keep every little thing now! I learned my lesson on that one.Even though some people told me to ignore it, I went ahead and wrote them again...it goes out today. I basically said 'listen, I know better. If you get somethin important, write me. And tell your goons to re-read the FDCPA cuz they ain't gettin it!" I really have a feeling these freakos are going to sue me because I'm annoying them and constantly trying to tell them how to do their job. Oh well. The OC can't even give me any evidence...how could the CA or their lawyers? I just realized...Midland only had 1 violation, I think....but their lawfirm sure is making up for it. lolDidn't you say the SOL is up at the end of this month? So, maybe keep quiet for 10 days or so, then send the letter the last week of the month. Just long enough to get past the SOL..... Link to comment Share on other sites More sharing options...
c m chase Posted April 12, 2004 Author Report Share Posted April 12, 2004 Hmmm...that's an idea too. Good call, hon. I keep wanting to add something in there about violations anyway....maybe I can sit it down for a week and then start over. Link to comment Share on other sites More sharing options...
Methuss Posted April 12, 2004 Report Share Posted April 12, 2004 Well, first of all, I wouldn't take it literally and shred anything. I keep every little thing now! I learned my lesson on that one.Yup. Keep the envelopes everything comes in too. Shows when the CA mailed it. (for some reason most people don't think of this) Link to comment Share on other sites More sharing options...
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