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Speakeasy DSL and Merchants Credit Association


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Posted by EuterpeThelo (67.73.60.67) on July 19, 2003 at 01:52:24:

Hi y'all...haven't been around for a long time, probably a year or more. (BTW, Seems I scared Camco off, thank @$#*. So glad to hear there's a class action against them.)

New question. My psychotic ex, it seems, opened a DSL account in my name without my knowledge with some shady outfit called "Speakeasy" up in Seattle. Obviously, I never signed ANYTHING or consented verbally to this in any way. In fact, now that this has come up, I seem to think I saw a charge on my phone bill around that time (1/2002) identified as Speakeasy, and I called PacBell and went "what the hell is this" and they removed it...I've moved since then--and of course seem to have every phone bill for ten years but that one!--but can probably get verification of this from Pac Bell if I ask.

Long story long, both the OC and the CA are ridiculous, wouldn't let me talk to supervisors and basically insisted they think I owe this debt. Said I can "request validation all I want" (!) (As a matter of fact, um YES, I can...) After initial telephone conversation on 7/14 (I called both CA and OC just because I had NO idea what this debt was for; once I found out, further communications will be written, and have kept careful notes of dates, times, persons etc.), I sent validation letter on 7/15, both via fax WITH a successful transmission receipt (to the fax # the CA rep gave me) and via CMRR to both CA with a cc copy to Speakeasy, addressed to their VP of Finance and Operations (little cust service punk who refused to give me his boss's name didn't realize how easy it is to find his boss's boss's name!!!)

OK, so I come home today, 7/18...and find in my mailbox a letter from CA, dated 7/15 and postmarked 7/16, stating that if payment in full not rec'd within 10 days, further action would be taken.

Incidentally, letter dated 6/30 that I didn't get in mail til 7/11 is first communication I have received...and neither it nor today's letter has the disclosures required under FDCPA (right to dispute, etc)

Sooooo, here are my questions:

Does my 7/15 fax constitute valid request for verification if I have a transmission receipt? (Haven't got the green card back, but do have a stamped certified proof of mailing from P.O.)

Since my validation demand included the statement "you are hereby notified that this debt is in dispute," if they do, in fact, take any action within the next 30 days prior to verification, including suing, I'd have 'em by the short ones, wouldn't I?

Their registered agent is at the address to which I sent the validation demand, but I didn't address it to them specifically...if they don't validate, I intend to cc him on further correspondence.

If they don't validate within 30 days, can I go ahead and sue? Not that I would because if I wait just a little while, I may have more solid grounds, but just wondering would I have cause to sue NOW based on them sending a letter postmarked two days after I verbally notified them and the day after I notified them by fax, but prior to getting my green card back?

I know these jackasses will try to claim the 6/30 letter wasn't an initial communication. My guess is burden would be on them to prove not only they'd sent prior ones, but that I ACTUALLY received them--which would require POS delivery that they won't have, I assure you!

I don't want to go the identity theft route because this ex is TRULY psychotic...if I file a police report, he'll probably violate his restraining order (even longer story!) so I want to simply deal with this as a dispute.

Sorry so long, but please let me know your thoughts on this, guys and gals. Greatly appreciate your wisdom as always!

-the long lost EuterpeThelo




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