skully109 Posted February 6, 2007 Report Share Posted February 6, 2007 Hello Everyone, I hope I have come to the right place for good info. so I will start. Thank you to all who respond.Heres the situation, I just today, received in the mail, a letter from an attorney stating I owe Capital one 5500 dollars for a credit card from 3-4 years ago. It was just a formal letter stating that I can dispute the validity of this letter within 30 days it will be deemed valid. It even has a validation notice statement on it. I was advised to send a validation letter regardless, so I am. Questions:What should I get back from the attorney for a true validation? How do I know the info. they gave me is enough proof?My letter states they have 30 days to respond, is that correct?Is is worse that it is from a law firm in the same state?Would they have enough proof, or just merely threatening me as one who does not do research on this?Any other valuable info. I may have forgot to ask would be very helpful as well?Again, Thanks to all who respond Link to comment Share on other sites More sharing options...
IHateCAs Posted February 6, 2007 Report Share Posted February 6, 2007 You're about to be sued by Cap1. I'd advise a settlement unless you know you're past SOL and will defend yourself in court over it. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted February 6, 2007 Report Share Posted February 6, 2007 Well, is the CC yours? If so, what would you dispute, if anything? Cap1 does not go away, so you may want to start thinking what a reasonable settlement with them would be. You might be able to settle now or soon after being sued for 40%. Link to comment Share on other sites More sharing options...
FicoSchmico Posted February 6, 2007 Report Share Posted February 6, 2007 I'd like to hear the answer to the "what constitutes proof" question the OP had. This is still a very muddy concept for me....I mean, is it just copies from the OC or does it have to be something the debtor originally signed?What constitutes proof that the CA has indeed "bought" the debt?If there were samples of these on the web somewhere to study, that would be fantastic!FS Link to comment Share on other sites More sharing options...
divemedic Posted February 6, 2007 Report Share Posted February 6, 2007 There is no concrete example, it varies as to what constitutes proof. The only concrete thing is that it MUST COME FROM THE ORIGINAL CREDITOR.Other than that, they must show that they have the correct debtor and the correct amount. Link to comment Share on other sites More sharing options...
the aussie Posted February 6, 2007 Report Share Posted February 6, 2007 Capital One keeps excellent records....might be why they seldom sell accts. If it is indeed your account and it is within sol....you should be thinking about settling as opposed to DV. If you are sued....chances are CapOne will provide the documents in court Link to comment Share on other sites More sharing options...
Recommended Posts