Faber And Brand Says Fdcp Doesnt Apply And Wont Send Me Info?? I Need Help.

[Walwyn]

I need help bad. I opened a credit card with advanta bank 3 under my name . It was a card they would apply your business name on it.But never did they ask for any business information and the card was soley issued under the qualification of ME and my SS not the business.  The card had my name and my business name on it.

I defaulted on it a couple of years back, its still under the SOL.  

Now the company is federated capital and they hires  Faber and Brand  attorneys to collect. The original default balance has risen form $4700 to $7100.

So I send them a verification letter(certified mail) requesting Proof I owe the  debt,original creditor,simple accounting of the debt,original account number, and show me that you are licensed in my state to collect the debt and your license number and your a Registered Agent. The letter I get back says: Pursuant to your letter, please be advised the reference matter is a commercial account, not a consumer account , therefore, the FDCPA does not apply. And the only item they listed was the name and address of the original creditor..not even a account number.

Does this make any sense. They expect me to pay them without any information , I could be paying somebody not even  authorized to collect the debt.

Commercial account? There was nerve even a Tax ID given..this account was based on ME and my credit not a business.

What should my next move be?

Thanks

ANSWER: The crucial question is what did you use the card for? Personal stuff or strictly in your business?

---------- FOLLOW-UP ----------

Both.  Actually I think I transfered a balance from another card, its  been so long I really dont know.  They didn't ask any information regarding the business when applying I do know that.. like tax ID, revenue, etc...

If it does qualify as a business account in the terms of the law, am i screwed? Do they  need not provide me with any of the prudent information I should have when forking over $7000.00.  Whats amazing is that when they sent me the initial letter, 2 separate letters came from the same Law Firm account at the same time. I thought it was a duplicate but the amounts were different?  This made no sense but after I asked for verification they only sent one balance back and the other one mysteriously vanished. The other account is also mine but trying to be collected by another firm so it made no sense why this firm was trying to collect on it....but I'M more worried about the one that they are pursuing.

ANSWER: I asked the question because if it is a consumer debt or you actually used the card for personal purchases and not for business then I may be able to help you but if it was all for business then it probably falls under U.C.C. law and although the processes are about the same you don't have the protections you have with consumer law. Are you screwed then? Even if defendants in local courts have consumer protection they lose most of the time. That is largely due to the fact that most of them don't even show up for the hearing so lose by default and vast numbers go on to make the next mistake(s) which is to also try to do all they can to avoid garnishment efforts or they make the worst mistake of all which is to file bankruptcy. Most of those who do show up and fight back also lose whether they are represented by an attorney or not but the biggest percentage of those remaining few who do win are those who study, learn how to defend themselves and go it alone without a lawyer. That is the dismal results for defendants in local courts. That means that they are most definitely playing against a badly stacked deck. That leads many to believe that our court system is as crooked as can be but that isn't really true. What they are really up against is a court system that firmly believes that if the debtors didn't owe the money the plaintiff would not have filed a complaint. So they get hammered every time. The only possible relief from that outcome is where the debt is a consumer debt rather than a business debt, the debt collector and/or the attorney has violated federal law and the debtor knows his rights under the law, has kept careful records of all phone calls, letters and taken all the steps to document it all. Then he must be willing and able to take the violators to federal court where he will be the plaintiff and the judge has the mindset that if the defendant(attorney or collection agency)had not violated the law the plaintiff would not have filed his case. If the plaintiff can prove his case he will win. One big difference is, however, that in most local courts the plaintiff is not required to prove his case while in federal courts he cannot escape his burden to prove his allegations. So if the card was used strictly for business debts then you should seek the opinions of another expert since I won't be able to help you much. ---------- FOLLOW-UP ----------

I know for a fact that at least 70 percent was NOT used for commercial. Obviously they dont have the original invoices,nor do I. This  company went from Advanta to Federated and has passed through 4 different collection companys. My problem is they are using the shield of commercial account as a reason not to provide me with any info.  Without invoices how can either side prove anything, its he said,she said. Is the bestbet for me, wait to be served,file a denial,go to court,explain or ask the qualifications of the case, then ask the court for a court date while i need time to obtain a lawyer. Then i can have my attorney request all of the documents,old invoices that they probably cant get to prove the debt?  Maybe they wont end up serving me, and if they do i can at least hava the opportunity for me to request from the court for proof,documents,invoices,etc.....Maybe they will grow frustrated,not show up, or not have the correct paperwork...i dont know,im just thinking aloud. This law firm brags about filling 3000 cases a month so im just another number. Your the best...if you were me what would you do?

[macfarlane]

Thats a lot of hopes you have there but you might as well hope they get hoof and mouth disease or maybe hog cholera. If I were you what would I do? I'd probably at least file a graduated denial but how will you prove what you spent the money for? Your claiming that you spent most of the money for personal purposes without being able to prove it won't cut much ice in court. I'd say that whatever you do you are going to lose in court.