LadyBug65 Posted December 15, 2019 Report Share Posted December 15, 2019 I received a citation that I was being sued by Barclay's. Scott & Associates shows to be their attorney. They are a debt collection attorney office. According to Barclay's, they referred the account to a third party collection agency, TrakAmerica. (I have this statement in writing). TrakAmerica claims they are not a collection agency and that they referred the account to Scott & Associates. I cannot get any of these companies to validate the transfer of this account, except for Barclay's saying they referred it to TrakAmerica. How can a 4th party collection agency sue on behalf of the original creditor? All three do acknowledge that Barclay's still owns the account. I never received the letter that Scott & Associates claims they mailed to me January 6, 2019. The first I heard of them was when I received the summons. I filed a complaint with the Consumer Financial Protection Bureau and in their response they sent me that letter plus another letter answering the complaint. They indicated in the letter dated Jan 6, 2019 that I had sent a cease and desist letter to either them or their client. How could I have sent a letter to them prior to them ever contacting me and how could I send a cease and desist letter to the original creditor? It seems they fabricated this letter dated January 6, 2019 after I filed a complaint. I really don't think they have any proof that were retained by the original creditor (Trak America says they referred it to them). None of this seems legal. I did hire an attorney, but he failed to respond to the citation, so a default judgment was issued. I was able to get that vacated and a hearing was rescheduled for Jan 13, 2019. I would gladly make a settlement offer if I just knew who to make it to. I did offer Barclay's a settlement but they say I have to talk to TrakAmerica (Barclay's has NEVER said I needed to talk to Scott & Associates)..and TrakAmerica is not a collection agency. Quote Link to comment Share on other sites More sharing options...
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