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Crawling out from under my rock after DV 6 OC's...


YoUrFrIeNdMiKe
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I think you can DV Cap1. They do their own collections and consider themselves as a debt collector. I have received a letter written on Capital One letterhead with statement “This communication is from a debt collector” Signed by Joel D. Amey, Capital One Bank CA (I guess "CA" stands for Collection Agency)

The letter says, "We do not have a paper copy of your application on file to send you. We do, however, have a copy of your Customer Agreement [b.S. generic terms without my name, anybody can print it on any website]. Also enclosed are your billing statements representing the last three months of activity on your account." [There is no activity on these statements, only past due $29 fee]

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§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

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