Jump to content

Who's responsible to answer a debt validation


Recommended Posts

In June 2011 I checked my credit report to find that Cap1 has a "charge-off" on there from an account defaulted in Sep 2007. I sent Cap1 a debt validation letter certified mail w/ signature receipt (June 2011). I only received a letter back from Cap 1 saying that I need to call Customer Service, nothing further and certainly no validation of debt.

In January 2012 (7 months after my DV letter) I received a Summons/Complaint from law office Gurstel Chargo PA on behalf of Plaintiff Cap1. I have already filed my answer. My question is, do I need to send Gurstel Chargo PA a DV also? Or is the DV that I sent in June 2011 to Cap1 grounds for my claim that the Plaintiff is violating my rights by 1) not validating the debt and 2) not ceasing collection on a debt after I notified them in writing that I dispute.

Secondly, I received a letter in the mail from Gurstel Chargo PA last week saying "Pay us with your tax refund....." blah blah blah. Should I respond to that letter in some way or ignore it since I'm in the middle of a lawsuit with them anyway?

Thank you all so much in advance!

Link to comment
Share on other sites

Original creditors such as Cap1 are not subject to the FDCPA, so they don't have to respond to a DV. A debt collection attorney would have to respond, but it's too late to send a DV once you've been sued. A validation request wouldn't stop the lawsuit.

Regarding their offer, if you want to settle, call them. Otherwise, no.

Link to comment
Share on other sites

I think the issue now is does review of the letter indicate a FDCPA violation that you can use as a cross claim or separate suit for leverage.

Also on the DV letter that you sent Cap One, did you tell them you were disputing the debt?

As a consumer if you dispute the debt with the OC doesn' their agreement say that they will suspend collection on the portion of the debt that is disputed until they investigate?

doesn't sound like they did anything except send a form letter, and they did not investigate, and now they are suing. hmmmm I'd take the stand that the letter I sent was indeed a dispute of the account and balance which required the OC to investigate and answer.

I got a stack of statements and a personalized letter when I disputed with one of the OC's within 30 days of reciept of my letter to them.

Link to comment
Share on other sites

The letter that I sent Cap1 said, "After recently checking my credit report, I have found an error and would like it removed from my credit report. I am disputing the fact that I have ever had credit from your institution. This letter is requesting that you investigate the ensuing item and take action within 30 days of you receiving this letter, in accordance with the Fair Credit Act. Thank you for your attention in this matter."

No investigation was done by Cap1 nor did I receive validation of the debt. 7 months later, I now have this lawyer suing me for a debt that I don't remember (if it is even mine at all) and that I tried to clear up months ago. Nothing was attached to the Complaint (i.e. contract, terms and conditions, etc), just a Complaint stating I owe them $800.00.

Link to comment
Share on other sites

BV80 is correct in that the OC doesn't have FDCPA liability generally speaking although that if they are deceptive they can get in trouble, 99% of the time the OC skates here,

What you did in your letter is dispute the debt with the OC and I would want to look at a what the agreements and laws say about what an OC must do if a consumer disputes the debt.

with this being such a small amount any counter claim you have here would exceed their claim against you and should cause them to fold, I know I say it a lot but talk to a consumer attorney and see if there is grounds for a suit against the OC

then make sure you answer the summons in the time frame

Link to comment
Share on other sites

Liability for the OC under the FCRA attaches only after you dispute with the CRA first. Did you dispute with the CRA? The only other section I can think of is having to do with Identity Theft (as you said you disputed ever having an account with them). You would have to determine if your letter was enough to invoke the protections for ID Theft victims and if they did anything about it.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.