Re: Need next step

Posted by Keyser Soze (152.163.188.40) on March 22, 2003 at 10:24:34:

In Reply to: Need next step posted by Need advice on March 22, 2003 at 08:56:56:

Dear Need Advice;

The burden of validation is upon the CA and OC. FTC rules direct that a simple page indicating what you owe is insufficient and illegal validation. Validation must consist of each payment and charge and many times this is no longer available from the OC.
Sleazebag CA's like F.A. Management Solutions, AssXXXX Acceptance Corp, and similar vermin and their skinless blood-sausage barristers will try to claim that they validated the debt when the filed suit by including amount owed next to your name. Nice try, one worth reporting to the FTC.
Interestingly, had you not requested validation FTC rules still state that does not constitute agreement to the claim on your part. In other words, the onus is on them, not you.
But you did demand validation and you did dispute, and now it's sixty going for...? Again of interest, it's possibly too late for them to validate as they, not you, missed the period in which to do so. AGain, the responsibility is their. Presumption is that CA's, their lickspittle lawyers, and surely OC's are "sophisticated', as courts have held. THey are presumed to be knowledgeable in that which they do. You are given the benefit of the doubt, presumed as unsophisticated in the sense that you are not working in the slime-honored field of credit and collections on a daily basis. Good for you, keep at them, doom for them.
Best to hold your position for the moment until you determine SOL. Our impulse always is to lunge at attackers. The taste is sweeter when we wait, sometimes years, before exacting exquisite justice. Remember, when the going gets tough, the strong and smart do nothing. Gather intelligence, run the CA through the google, know thine enemy, have him for dinner.
WHo is this dog pile CA?

Best as ever,

Keyser Soze

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