response to dv.... sent me a copy of cardmember agreement

Submitted by harmsway4kids on Mon, 08/09/2010 - 16:07
Forums

I recently sent a dv to a firm that sent me a summons or what I thought was a summons but turned out to be nothing because I called the court to make sure it had been filed and it had not been. It was pretty much a fake summons. Anyway I sent a dv and they sent me back the cardmember agreement. None of the info I asked for was included...

1.The agreement with the original creditor that authorizes the collection agency to collect this alleged debt. This is a contract between the OG and the CA and will explain whether they have "assigned" the debt to the CA or "sold" the debt to the CA.

2. The signed agreement between me and the original creditor. detailjing under what circumstances the OG sent my account to a collection agency.

3. The documents regarding the payments made on my account validating the amount. These are the records of charges to the account. detailing what amount is principle, what amount is interest and fees from the OG and what amount is tacked on by the CA.

All they sent me was the cardmember agreement and a letter with the typed amount owed the original debtors address, date of charge off and account number.

I am not sure how to proceed from here... should I send them another dv saying that the first was not answered or should I let sleeping dogs lie. I want to be proactive but am not sure where to go from this point

Hi harmsway,

Welcome to this community :)

You should talk to the original creditor and inquire if he has handed over the account to the lawfirm? Or if the creditor was suing you? If not then you should complain about this to the State Attorney General, and Federal Trade Commission.

Thanks,

Aaron

Tue, 08/10/2010 - 07:16 Permalink

my husband got a copy of my credit report and it does show that it was charged off by the credit card company

Tue, 08/10/2010 - 16:39 Permalink

Hi harmsway,

If your credit report is showing that the account was charged off, then the collection agency must be listed there on your credit report. If it is not, you need to request the credit bureaus to update the listing. You can also ask the creditor about this.

Thanks,

Aaron

Wed, 08/11/2010 - 10:00 Permalink