Re: Ladynred - Whychat

Posted by LadynRed (65.80.187.3) on February 16, 2003 at 09:14:35:

In Reply to: Re: Ladynred - Whychat posted by lovedemcas on February 15, 2003 at 19:23:24:

Even if you've been sued, if you have demanded validation, they still have to prove the debt is your, whether its before court or IN court.

What you've been sent is NOT proper validation. They have to include FULL DETAILS of the balance they allege you owe - that means an accounting of all charges and payments that make up the amount they claim you owe. One statement with late charges on it doesn't cut it.

What people have done in this case is when they get to court and the judge asks if its your debt, you say ' I don't know, they haven't proven the debt is mine per the FDCPA'. This is where the Wollman letter and the Spears v. Brennan case comes in because together they show what is and is NOT proper validation. A signed agreement alone isn't enough, neither is 1 statement.

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