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Cap 1 wants me to validate the debt?????


chewba1
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Okay this I believe I saw somewhere on this forum but I can't find it. I got a dunning letter from ASSET on an old Cap1 acct. so I dv'd them. Instead of receiving a response from them cap1 sent a letter basically saying Thanks for your inquiry regarding the above referenced account. In order for us to conduct a thorough investigation of your claim, please conact us directly at the # below and fill out the attached papers. ATTACHED::::

RE:1234455666

Name_________====Address

Current Address

ACCT #

SSI #

DATE of BIRTH:

ARe they kidding me??? They really want me to give them all the info to sue me with!!!! How do I respond to this, Any suggestions???? thanks

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ARe they kidding me??? They really want me to give them all the info to sue me with!!!! How do I respond to this, Any suggestions???? thanks

They're giving you a response consistent with an insufficient FCRA request. Did you specifically indicate that you were disputing under 1692g(B)?

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Was the DV timely? If so they have continued to collect the debt after you DV'd them- Where is it ref. to SOL? you might have some leverage on this case- save and copies of things you do- and their response.

I sent the letter to Asset on 7/24/08 got a copy of my letter with the cap1 request dated 8/22/08. I don't think the sol applies yet but I will pull up the credit report and check how close we are to it. It is Florida I think the last date would have been about 2005/2006 for any usage. Florida sol is I believe 4 years on credit cards. I just wonder if they have any info at all and if we just ignore it it will go away. If cap1 answered this dv instead of ASSET that would mean that ASSEt was hired by CAP1 to collect. Right??? If cap1 doesn't know who I am and can't verify then that should be it. What do you think???

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They're giving you a response consistent with an insufficient FCRA request. Did you specifically indicate that you were disputing under 1692g(B)?

I sent the form letter I took from this site for validation.....This letter is being sent to you in response to a notice sent to me on xxxxxxxx. In accordance with Federal Fair Debt Collection Practices Act and all applicable State of Florida laws, your claim is being disputed and the alleged debt is in request of Validation. I respectfully request that your offices provide all competent evidence that there is in fact any legal obligation to pay you.

ETC. ETc. That was sent on 7.24 and then the letter from them was written on 8/22. But it was from cap1 not asset and it asked for all that info. Do you think they just put their foot in it, requesting that within the 30 day period or did they just squeeze by a day or so?/ It just doesn't make sense for me to give them a case against me. What defense would I have if they take me to court though. Just keep asking for proof that this is mine????. thanks.

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I would send no reply, you are not making a "claim" as they stated. A request for validation is just that- prove to me YOU have a claim against me. If they have not the records to even begin to validate, too bad for them.

Thanks, that is just what I was thinking. No sense in giving them anything they don't have. right??? Just wanted another persons view or take on this so called validation from myself instead of them. Thanks again

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Thanks, that is just what I was thinking. No sense in giving them anything they don't have. right??? Just wanted another persons view or take on this so called validation from myself instead of them. Thanks again

Don't make the mistake of believing that they are asking you for that info because they don't have it. They likely have it and every other piece of information you've ever provided to them.

Keep on your toes with this one. If you're coming up on SOL, expect to be served in the near future if it's not resolved somehow first.

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I sent the letter to Asset on 7/24/08 got a copy of my letter with the cap1 request dated 8/22/08. I don't think the sol applies yet but I will pull up the credit report and check how close we are to it. It is Florida I think the last date would have been about 2005/2006 for any usage. Florida sol is I believe 4 years on credit cards. I just wonder if they have any info at all and if we just ignore it it will go away. If cap1 answered this dv instead of ASSET that would mean that ASSEt was hired by CAP1 to collect. Right??? If cap1 doesn't know who I am and can't verify then that should be it. What do you think???

If you have a copy of the written agreement, read it.

Contracts often specify the applicability of another state's laws.

I have heard of cap-1 agreements having Virginia governing law.

If they sue and you have the Virginia governing law in your agreement let me know and I'll provide you with some information.

also notice the date in which you signed the credit app. and look at the papers they provide for the agreement.

I signed my app in 98. The agreement they say I agreed to had a 2005 date on it.

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I have also been sued by Cap 1 and the documents that they provided with the initial filing indicate the applicability of Virginia law. This is a generic agreement without my signature attached and I have requested the agreement with my signature attached through discovery.

Why does Virginia law make this different?

I will send you this through PM also

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Asset sends those routinely. I dealt with them on an old cable account (ex never returned equipment). I ignored those requests for info. and continued the DV process. Working with the OC, I got the issue resolved. That was my situation, but my message is to just ignore that form and pursue proper DV, a settlement, whatever it is you are looking for.

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I have also been sued by Cap 1 and the documents that they provided with the initial filing indicate the applicability of Virginia law. This is a generic agreement without my signature attached and I have requested the agreement with my signature attached through discovery.

Why does Virginia law make this different?

I will send you this through PM also

I answered your PM , But you need to start a new thread and I'll be happy to help. Don't want to hijack this thread from

chewba1

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