Making progress, but need definitive answer
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Posted by Mr. Procrastinator
(198.81.26.74) on November 14, 2003 at 02:59:56:
I posted a question down below about validation (http://www.cardreport.com/wwwboard//messages/26736.html). Thanks for everyone's responses, but I haven't got my question totally answered. It goes likes this: 1) Credit company claims they charge off my acct and hand it over to sleazy attorney to get a judgement. This shows up as an "internal charge-off" on statement. 2) CA sends me the usual 30 day to dispute letter. 3) I send in letter after about 45 days (see my name above) saying I dispute amount. 4) After about 25 days, attorney sends me 7 years worth of print outs of account statements in a big manilla folder, though I opened the acct 9 years ago. They say in their opinion this shows that I owe the debt and it is the client's position too. It seems they were just lazy and didn't send me the stuff they were supposed to, like a signed contract. So here's my questions: 1) Did they violate the FDCPA by not proper validating account? 2) Legally (per FDCPA), do they have to provide me with a signed contract? Is there any other documentation they absolutely have to provide me with? Don't they have to show that they are authorized to collect this debt? 3) Should I send them a second letter asking for complete validation? 4) Should I threaten to sue for violating FDCPA, assuming I have a case? 5) Do they have a certain amount of time in which they need to produce the validation? Could it be that they are stalling and/or trying to buy time by sending me the statements (like I didn't already have them)? 6) Someone mentioned LadynRed already addressed this issue (validation) thoroughly, but I searched the archives for the last month and couldn't find anything. Is there a URL to this? 7) Anything else I should know? Thanks.
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