What is the name of your state? Michigan
I was contacted by a law firm regarding a credit card debt. The law firm stated that I owed about $1,400 plus court cost and lawyer fees. The credit limit for the credit card was $300 I wrote the law firm asking for a validation of the debt. The law firm replied with a affidavit of debt. I in return sent a letter stating that affidavit of debt was not a validation of debt and will they send me the validation of debt. Three months later the law firm sent me a letter stating a offer of settlement for an amount less. About 30 days later I received a summons and complaint. I replied to the summons and complaint stating that I did not receive the validation of debt after asking twice and I also copied the attorney general. After a few weeks the law firm sent me the transactions of my charges (statements) and fees as well as my signature. They omitted the agreement which what I would need to help to establish what fees were being added per the agreement. I plan to take the law firm to court in violation of the The Fair Debt Collection Act section 809 by continuing to collect without validating the debt. In reference to the original case I am going to a hearing about it. I plan to state the violation of debt validation with regards to not providing the agreement and also one of the fees “Over the Limit fee” is violation of the Truth in Lending act referencing the law case Pfennig v. Houshold Credit Services. I have copies of all written correspondence between the law firm and I. My question is does this all seem correct and second what law case can I reference to show that for the validation of debt the law firm should have provide the agreement?
I was contacted by a law firm regarding a credit card debt. The law firm stated that I owed about $1,400 plus court cost and lawyer fees. The credit limit for the credit card was $300 I wrote the law firm asking for a validation of the debt. The law firm replied with a affidavit of debt. I in return sent a letter stating that affidavit of debt was not a validation of debt and will they send me the validation of debt. Three months later the law firm sent me a letter stating a offer of settlement for an amount less. About 30 days later I received a summons and complaint. I replied to the summons and complaint stating that I did not receive the validation of debt after asking twice and I also copied the attorney general. After a few weeks the law firm sent me the transactions of my charges (statements) and fees as well as my signature. They omitted the agreement which what I would need to help to establish what fees were being added per the agreement. I plan to take the law firm to court in violation of the The Fair Debt Collection Act section 809 by continuing to collect without validating the debt. In reference to the original case I am going to a hearing about it. I plan to state the violation of debt validation with regards to not providing the agreement and also one of the fees “Over the Limit fee” is violation of the Truth in Lending act referencing the law case Pfennig v. Houshold Credit Services. I have copies of all written correspondence between the law firm and I. My question is does this all seem correct and second what law case can I reference to show that for the validation of debt the law firm should have provide the agreement?