johnransom Posted December 6, 2004 Report Share Posted December 6, 2004 I DV'd Client Services, Inc. on a Firestone account with Credit First NA. They didn't respond, and I sent a second letter about three weeks ago. Today though I received a letter from CFNA with the the original application and a computer print out of the billing history.Obviously this is proof enough of the OC's ownership of the debt, but what about the CA? Technically they still have not responded. Should I just assume they are out of the picture? Link to comment Share on other sites More sharing options...
luckyduck Posted December 7, 2004 Report Share Posted December 7, 2004 It just means the CA has not done proper validation, and the CA cannot continue to collect until they do, so yes, technically, the CA should be out of the picture, unless the CA sends you validation Link to comment Share on other sites More sharing options...
wunderwoman Posted December 7, 2004 Report Share Posted December 7, 2004 Did you DV the original creditor as well? If not, what likely happened is that they contacted the OC and requested that they send you the papers validating the debt. In such case, your next step would be to obtain rather they are legally able to collect the debt in your state.Depending on the type of debt (especially medical bills) the OC will hire the CA to collect the debt, but will not disclose paperwork to due confidentiality. Link to comment Share on other sites More sharing options...
luckyduck Posted December 7, 2004 Report Share Posted December 7, 2004 Problem there is that FDCPA requires the CA to obtain verification from the OC and send it to you. If the OC sends the verification, the CA has not met the legal requirements of validation. the CA that did that to us related to a medical bill. As far as I'm concerned the debt is validated, but the CA did not validate it as required by law, and thus the CA cannot continue collection activities. Link to comment Share on other sites More sharing options...
johnransom Posted December 7, 2004 Author Report Share Posted December 7, 2004 No, it's not a medical bill - just a regular store credit card. And no, I didn't DV the OC.Assuming that the CA was out of the picture, I drafted a letter to the OC explaining that there was no dispute under the Fair Credit Billing Act, which is what they had apparently understood, and explaining the true nature of the DV request. I further explained that if the account had been reported to a credit bureau at any time since the DV request the CA owes me a grand, and would they please forward me any information they might have to that effect.More importantly, since the OC is now back in control, I offered them a 50% settlement. We'll see how it goes. Link to comment Share on other sites More sharing options...
luckyduck Posted December 7, 2004 Report Share Posted December 7, 2004 Don't do that. Just send them the settlement offer. If you do that, they will send the info to the CA and the CA will send it to you and be back in the pic. If you want the CA out of the pic, just leave them out of it. Link to comment Share on other sites More sharing options...
Guest Posted December 8, 2004 Report Share Posted December 8, 2004 Did they send a copy of your original SIGNED contract or the Card Agreement with your signature.I an easily make a computer print out and tell you what you owe me Tell them you need PROOF that contains your signature.Just my two cents Link to comment Share on other sites More sharing options...
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