• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

crusheroz

Member
Question? Since this CA bought this debt, can they and how can they enforce the contract from the original creditor? The original creditor no longer owns this debt. Also when the debt was charged-off, I got a letter for the original creditor saying that I am responable for the principal amount only, that no interest would be added to the amount. Does that letter override the contract?
 


K

kevinss

Guest
That's actually a good question. Can anyone else answer this?

If a CA purchases a debt, can they add interest to the principle amount regardless of the initial contract with the OC?
 

bigun

Senior Member
I think you've an FDCPA violation to go with the fact that they're not operating legally in Wa.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Here's a snippet from 807:



(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

And here from 808:



§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

I really think between the liscensing/bonding issue and this attempt to collect more than the creditor says is due,you have grounds for a nice lawsuit. Have you looked for a lawyer?
 

crusheroz

Member
No, But I guess I could start. I have asked for validation of the amount they say I owe. They say the extra is interest, but I want some type of proof.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top