refiman1 Posted December 19, 2008 Report Share Posted December 19, 2008 Hello one and all.Received a collection notice 6 months ago regarding a fender bender I was in for 1000. Having seen the scratches I requested validation CRRR. Never received anything further from the CA. However, six months has passed and I have now received a summons to district court on the matter. Appparently the CA sent it back to the OC and they retained counsel. I have my letters and green card sent to the CA. Will this provide an absolute defense when i answer the summons or because they are not an CA they are held harmless by the FDCPA. If I can, I really want to hit em with the $1,000 FDCPA countersuit for pursuing collection activity while never providing validation. Your help is most appreciated!!Thanks. Link to comment Share on other sites More sharing options...
willingtocope Posted December 19, 2008 Report Share Posted December 19, 2008 If its the OC that's suing you, then the CA's failure to validate if of no consequence. They're effectively out of the picture. Link to comment Share on other sites More sharing options...
OMGWhatHaveIdone Posted December 22, 2008 Report Share Posted December 22, 2008 If its the OC that's suing you, then the CA's failure to validate if of no consequence. They're effectively out of the picture.WTC, would the CA be able to be sued for misrepresentation or wrongfully reporting to the CRAs? Link to comment Share on other sites More sharing options...
willingtocope Posted December 22, 2008 Report Share Posted December 22, 2008 If the CA is reporting, then you should be able to dispute their TL and have it removed.If it comes back "verified", then you probably have grounds for a suit. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted December 22, 2008 Report Share Posted December 22, 2008 Question:This was in regard to a fender bender? If so, then FDCPA does NOT apply as there is no underlying debt to begin with. The OC you mention....insurance company, right? Link to comment Share on other sites More sharing options...
refiman1 Posted January 9, 2009 Author Report Share Posted January 9, 2009 Correct,Probably thought they would were dealing with the typical uninformed consumer and gave it a shot.Weird thing is it was a friend's car and she was served but I have never received anything about it, though she says I was joint on the suit.Not having received anything would give me grounds to vacate at a future point wouldn't it? Link to comment Share on other sites More sharing options...
nascar Posted January 9, 2009 Report Share Posted January 9, 2009 Not having received anything would give me grounds to vacate at a future point wouldn't it?You have received something ... a summons. Whatever violations you think might have occurred are not a defense. Link to comment Share on other sites More sharing options...
admin Posted January 13, 2009 Report Share Posted January 13, 2009 yes, please...concentrate on answering the summons. Link to comment Share on other sites More sharing options...
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