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Need help with debt collector

Guest debtman2112

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Guest debtman2112

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, PC

Attorneys and Counselors at Law

1120 Metrocrest Dru, Ste. 100

Carrolltou, Texas 75006

October 12, 2011

Re: Capital One Bank (USA), N.A. Small Business Credit Account

Dear Mr./Ms. Garces:

This letter is written in response to your request that we verify the above-referenced

debt. In response, we undertook to determine (1) that the debt upon which we sought to collect

remained a valid and continuing obligation, (2) that the amount which we were pursuing was the

correct amount of the debt, and (3) that me was the correct party responsible for

payment of the debt.

As you may or may not know, this is all that the law requires. More specifically, The

Federal Trade Commission stated that 15 U.S.C. 1692g(B) is " . . . intended to assist the

consumer when a debt collector inadvertently contacts the wrong consumer at the start of his

collection efforts." FTC Statements of General Policy or Interpretations of Staff Commentaiy

on 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 debt

collector confirming in writing that the amotmt being demanded is what the creditor is claiming

is 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 the

wrong 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 the

affirmative. Therefore, this letter shall serve as written verification of the debt and you are

hereby 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 by debtman2112
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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.

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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 Database

I think this guy is trying to scare you with his law degree. This is from the FDCPA:

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


(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.



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