Re: Walpoff & Abramson zero balance statement
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Posted by CAK
(188.8.131.52) on November 14, 2003 at 02:04:38:
In Reply to: Re: Walpoff & Abramson zero balance statement posted by Confused on November 14, 2003 at 01:37:14:
The zero balance letter could have been just a mistake on the CA's part. None the less you have the letter and I believe you are in the drivers seat with regard to the zero balance. If MBNA assigned or sold the account, they do not have rights to the account. Because those agreements say something like "all right, title and interest, in any sum of money due...". MBNA will however always be the OC and the CA will always be the CA even if they bought the account. Look for FDCPA violations in their collection letters and you may use this against them should they ever proceed with a lawsuit. If they ever threaten you with a lawsuit,... that would constitute "overshadowing" and violates FDCPA. Overshadowing can be backed up with case law. I posted case law concerning overshadowing on another thread tonight. If the collection letter creates a sense of urgency requiring the debtor to respond, this is a violation of FDCPA Sec. 807 (10) deceptive collection practices.
You asked if W&A could misrepresent the account? Yes!!! They are a collection agency and should never be trusted. Please do not talk to them on the phone, only correspond by mail.
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