debtman2112 Posted October 21, 2011 Report Share Posted October 21, 2011 (edited) About a month ago i received a letter from Michael J Scott, PC regarding a debt that I owe capital one. I sent them a DV letter 3 weeks ago, today they sent this letter:Michael Scott, PCAttorneys and Counselors at Law1120 Metrocrest Dru, Ste. 100Carrolltou, Texas 75006October 12, 2011Re: Capital One Bank (USA), N.A. Small Business Credit AccountDear Mr./Ms. Garces:This letter is written in response to your request that we verify the above-referenceddebt. In response, we undertook to determine (1) that the debt upon which we sought to collectremained a valid and continuing obligation, (2) that the amount which we were pursuing was thecorrect amount of the debt, and (3) that me was the correct party responsible forpayment of the debt.As you may or may not know, this is all that the law requires. More specifically, TheFederal Trade Commission stated that 15 U.S.C. 1692g( is " . . . intended to assist theconsumer when a debt collector inadvertently contacts the wrong consumer at the start of hiscollection efforts." FTC Statements of General Policy or Interpretations of Staff Commentaiyon the FDCPA, 53 Fed. Reg. 50097, 50108-09 (Dec. 13, 1988). The Courts have adopted a similar interpretation, stating "[V]erification of a debt involves nothing more than the debtcollector confirming in writing that the amotmt being demanded is what the creditor is claimingis owed; the debt collector is not required to keep detailed files of the alleged debt. . .[V]erification is only intended to "eliminate the . . . problem of debt collectors dunning thewrong person or attempting to collect debts which the consumer already paid." Chaudhry v.Gallerizzo, 174 F.3d 394, 406 (4th Cir. 1999), cert. denied, 528 U.S. 891 (1999).Based upon our investigation, we have been able to answer these three inquiries in theaffirmative. Therefore, this letter shall serve as written verification of the debt and you arehereby notified that this firm is resuming its collection activities.To start off with the account was not a small business account, just a regular individual account. Capital One closed the account this past Feb and still charges interests, I read they still can do this. My question is how can they continue to collect the debt if by reading it (IMO) they are just hiding behind some court cases. I think they cant prove the debt and use this to continue their BS. What should I do from here? thanks Edited October 21, 2011 by debtman2112 Link to comment Share on other sites More sharing options...
BV80 Posted October 21, 2011 Report Share Posted October 21, 2011 If the account number and amount are correct, then they validated. You can either settle or do nothing. There's no way to know whether they'll sue or not.You might want to edit your post and remove your name and all of the numbers in the account number. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 21, 2011 Report Share Posted October 21, 2011 My question is how can they continue to collect the debt if by reading it (IMO) they are just hiding behind some court cases. Because those court cases, "They are just hiding behind," say they can. Link to comment Share on other sites More sharing options...
debtorshusband Posted October 21, 2011 Report Share Posted October 21, 2011 Go here to find what Bud Hibbs (and others) has to say about this guy:Scott, Michael J., P.C., Attorney-Collector - The Justice Network Debt Collector DatabaseI think this guy is trying to scare you with his law degree. This is from the FDCPA:§ 809. Validation of debts [15 USC 1692g](snip)(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 Look at the parts I bolded. Exactly what has the Honorable Michael Scott obtained from the creditor and mailed to you? Nothing that I can see.Regards,DH Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 1, 2012 Report Share Posted October 1, 2012 Oh yeah right, LOL, everybody on this board is just going to go running to a debt settlement company that spams a message board in a thread that is almost a year long. Gee, where can I sign up for your professional service? :'>:::'>: Link to comment Share on other sites More sharing options...
racecar Posted October 1, 2012 Report Share Posted October 1, 2012 where can I sign up for your professional service? : Right here coltfan mail your personal check or money order to racecar po box #2,tent18 sierra leone. Link to comment Share on other sites More sharing options...
TomnTex Posted October 1, 2012 Report Share Posted October 1, 2012 Look in to electing ARB, might make it go away. Link to comment Share on other sites More sharing options...
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