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  #1  
Old 05-14-2006, 03:03 PM
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Join Date: May 2006
Posts: 4

Received validation - what next?


What is the name of your state? New York

SOL is three years down. I want to make things right and repay but I can't stand dealing with CA's - they're obnoxious, unprofessional and can't be trusted. Would rather pay extra for a lawyer to get a better settlement and get this nonsense over with!

I received dunning letters about two months ago from three CA's and sent requests for validation/cease and desist letters to all - was very positive and generic in the letters, did not make threats but did remind them of their responsibility to the Fair Credit and Fair Collection acts. All CA's stopped collection efforts and sent me very professional letters stating they would request verification from the original creditor. I received positive validation from one - they sent me a copy of the original credit card application with my signature and social security number. Haven't received anything yet from the other CA's.

First question: what can I expect next from the CA with the validation? If I get sued, will my signature on the contract hold up in court? Will the court request a signature sample from say my driver's license or something?

Second question: Does my request for validation restart the SOL? I didn't think the SOL would change unless they received payment, which they haven't.

I won't deal with them over the phone so am just waiting for their next move. Any ideas?

Thanks.What is the name of your state?What is the name of your state?
  #2  
Old 05-14-2006, 03:19 PM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Quote:
First question: what can I expect next from the CA with the validation? If I get sued, will my signature on the contract hold up in court? Will the court request a signature sample from say my driver's license or something?
not unless you try to fight this based upon identity theft. otherwise, they will accept as valid and probably be awarded a judgement against you if you allow it to go to court.
Quote:
Second question: Does my request for validation restart the SOL? I didn't think the SOL would change unless they received payment, which they haven't.
No

Quote:
I won't deal with them over the phone so am just waiting for their next move. Any ideas
?
Send them the money you owe maybe?? Just a thought. They will quit calling you once you pay them.
  #3  
Old 05-14-2006, 03:23 PM
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Location: Somnambulist University
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Quote:
Originally Posted by junkybusker
SOL is three years down. I want to make things right and repay but I can't stand dealing with CA's - they're obnoxious, unprofessional and can't be trusted. Would rather pay extra for a lawyer to get a better settlement and get this nonsense over with!
Gee, and what do you think their impression is of deadbeats who borrow creditors money and then refuse to repay??

Quote:
I received dunning letters about two months ago from three CA's and sent requests for validation/cease and desist letters to all - was very positive and generic in the letters, did not make threats but did remind them of their responsibility to the Fair Credit and Fair Collection acts.
There are no such acts.

Quote:
what can I expect next from the CA with the validation?
Anything from nothing, to more calls, to a lawsuit being filed.

Quote:
If I get sued, will my signature on the contract hold up in court?
Of course it will!!! Why would you think it wouldn't??!!!

Quote:
Will the court request a signature sample from say my driver's license or something?
Nope.

Quote:
Does my request for validation restart the SOL?
No.
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  #4  
Old 05-14-2006, 03:50 PM
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Join Date: May 2006
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Thanks for the replies. If they bring a case against me I'll get a lawyer on it right away and hopefully get it paid with a proper signed agreement that this payment will satisfy the debt now and forever. I've heard horror stories of people dealing with CA's personally, getting into payment plans and getting lied to and sued anyway. I'm not a deadbeat, it's just that these guys are unscrupulous and worse than deadbeats!
  #5  
Old 05-14-2006, 10:01 PM
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Join Date: Jul 2005
Location: Missouri
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Quote:
Originally Posted by junkybusker
Thanks for the replies. If they bring a case against me I'll get a lawyer on it right away and hopefully get it paid with a proper signed agreement that this payment will satisfy the debt now and forever. I've heard horror stories of people dealing with CA's personally, getting into payment plans and getting lied to and sued anyway. I'm not a deadbeat, it's just that these guys are unscrupulous and worse than deadbeats!
No, actually you just defined yourself to be a deadbeat.
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  #6  
Old 05-15-2006, 12:37 PM
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Join Date: May 2006
Posts: 4
You must be one of the unscrupulous liars who renege on an oral agreement that hardworking people make with you. I've noticed that you guys HATE it when the consumer gets real legal advice because you can no longer screw them over. How can I be a deadbeat if I'm willing to pay the debt?
  #7  
Old 05-15-2006, 12:39 PM
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Quote:
Originally Posted by junkybusker
You must be one of the unscrupulous liars who renege on an oral agreement that hardworking people make with you. I've noticed that you guys HATE it when the consumer gets real legal advice because you can no longer screw them over. How can I be a deadbeat if I'm willing to pay the debt?
Oral agreements are worthless.

Reason?

How do you prove them in court?



Think about it....
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  #8  
Old 05-15-2006, 01:14 PM
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Join Date: May 2006
Posts: 4
Quote:
Originally Posted by seniorjudge
Oral agreements are worthless.

Reason?

How do you prove them in court?



Think about it....
You are exactly right! I was screwed over by these oral agreements with people like debtcollector when I was younger but not anymore. That's what I mean when I say CAs are unscrupulous liars. If someone realizes the error of their ways and wants to make things right with their creditors, why cheat them? The creditor is a corporation with millions more than any consumer - why act like a lowlife loanshark? We're paying the price already - our credit is ruined.
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