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Previously not validated now with new CA


Joncy
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Got a lawyer CA in my state of WA who sent his first letter of collection for a debt that the last CA of the same debt could not verify or validate. They used the wrong account # and were otherwise deceptive. I took care of that CA with deft letter writing.

In each communication was a text box "NOTICE TO AGENT IS NOTICE TO PRINCIPAL -- NOTICE TO PRINCIPAL IS NOTICE TO AGENT. Applicable to all successors and assigns". Therefore, when the first CA defaulted the the validation process, all subsequent CA default as well. (Right?)

Now, does the new CA have any way of collecting on this previously uncollectible debt.

These assumptions apply: This is a commerical line of credit, used for personal purchases, therefore, making it a consumer line of credit. Therefore, FDPCA applies, right? And SOL for such open ended accounts is 3 years.

You guys posts are great and I look forward to hearing from you.

Thanks --

Joncy

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Ladies and Gentlemen:

I give you the "Subsequent CA letter by Butch"

It has saved me from many headaches three times now.

Make sure you re-word in your style and know that it isn't a magic bullet, but gives you an edge if you do end up in court.

CMRRR of course

Date

ABC Collections

123 West Street

Anytown, USA 12345

Cert Mail # xxxx xxxx xxxx xxxx xxxx

Dear CA#2,

It is a well settled legal principle that all opportunity for resolution must be extinguished before legal action can take place. This notice should be considered constructive notice.

Ca#1 has sold/assigned ("dumped upon") you a NON-performing, illegitimate debt, the collection for which has already been frozen by my demand for validation, via FDCPA. My demand was sent xx/xx/xxxx and signed for on xx/xx/xxxx by John Smith, at [insert address]. Follow-up letters were sent, blah, blah, blah. Your ignorance of this fact is no excuse.

Both you and CA#1 are in violation of Federal Law for (but not limited to) continued collection activity on an alleged debt, the collection for which MUST CEASE until valid proof sent, pursuant to FDCPA § 809. Validation of debts [15 USC 1692g] (B)

May I suggest you return this account to CA#1 and demand your money back, or compensation for your wasted time, pursuant to the "qualifying RECOURSE accounts provisions" of your purchase/assignment contract.

I further demand that you immediately delete the trade-line you have inappropriately inserted on my credit report. YOU HAVE REPORTED INCORRECT INFORMATION! You have 5 days to cure.

OR ...

If you report this derogatory item to any credit reporting agency after the tracked and verified receipt of this notice, you may be sued.

Any further communication from you before I receive the demanded proof of this alleged debts validity via federal and case law and I will instruct my atty. to begin drafting a formal complaint.

Regards,

Enclosures:

1) Copy of original and all subsequent val demands

2) Copy of return receipts & green cards

CC: My atty. staff

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But, here's the situation -- OC (USBank) sold to MinnTex who hired(?) CA #1 (law firm) to collect. CA#1 could not validate. MinnTex now has CA#2 (another law firm) demanding payment.

But, you know what? I don't actually know who CA#2's client is. You may be right, it may be CA#1 who hired CA#2, due to the embarassment I caused their sorry lying @x>%.

Great, that request -- "Who is your Client?" -- will be in the responding letter. This is good stuff. Thanks, Big Time !

Let's hear more !! :lol:

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Only thing I have is: "This office has been retained to collect the above-referrenced claim against you."

Like I said in the last post... could be MinnTex or CA#1. It'll need to come out in the next communique.

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