Thread: I cant do no more

Originally posted by BruteForce
If you're not getting a response from a validation letter, you need to fight them. Go here:

http://www.faircreditmovement.org/validate.htm

This is a great place to start learning exactly what you need to do concerning validation. Nothing about this trip is going to be easy so don't give up.

This site has some GREAT info. I am in both sites in different windows now. I like some of their A&S methods etc. You might try checking it out, go to home page and then click some of the other links, there are some more options.

Yea, that site picks up where I feel creditnet leaves off. The language is kept simple enough that anyone can understand and it's somewhat thorough. I come here for the experienced advice.

raiderpam:

If they are continuing colleciton attempts after you sent your validation letters, that is another violdation of the FDCPA. You should start writing down all the violations they're racking up for a potential lawsuit (or at least point these violations out when threatening lawsuit). Additionally, I'm almost positive that they have to mark the credit report lines as being disputed. I doubt they have done that. Here's links to the FDCPA and FCRA. Read them, understand them, live by them.

FCRA:
http://www.ftc.gov/os/statutes/fcra.htm

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

Remember this (and I hope this helps):

When you request validation, there are only four possible outcomes:

Possibility #1: The creditor actually produces validation, in which case you move toward a negotiation stance. This will cost you money. You'll end up paying something for the money you previously borrowed, although that sum will probably be considerably less through negotiation, and you also have an excellent shot at having the creditor reduce or even remove the negative tradelines from the credit files. At the very least, after the account is settled, you can redispute the tradelines with the CRAs, or even move to a "nutcase" scenario where, in effect, YOU become the pursuer who makes demands on the CA, and they begin to wonder when you will go away. The game just plays out differently if they produce adequate validation.

Possibility #2: The creditor ignores your request for validation. At this point, you move forward with validation letter #2, and then once ignored again, with the estoppel letter. If everything is ignored, you have grounds for a lawsuit against the CA (as well as a super paper trail which proves they ignored you), because they are obligated under the FDCPA to either validate the debt or forgive it and remove all associated tradelines. If the CA attempts to collect at this point, you have them on another FDCPA violation. At this point you can also attempt to work with the credit reporting agencies, exhibiting the paper trail as evidence, in hopes that they will simply delete. At this point you have, perhaps, a 20% chance (that statistic was pulled right out of my you-know-what, lol, but the point is that you have a chance, although not a great chance) that they will simply remove the tradeline. Finally, you can sue the CRA for ignoring the evidence in small claims court and almost certainly prevail.

Possibility #3: The creditor provides inadequate validation. At this point you proceed as if you haven't received validation at all, because you technically have not. The CA has not proven the debt. If they attempt to collect, you've got them on a FDCPA violation. Regardless, you follow up with validation letter #2 and then the estoppel letter (or, you could go straight to estoppel, lol, but remember that you want to build a nice paper trail which shows a judge that you gave them multiple attempts to tell you what in the heck they're talking about vis-a-vis the alleged debt). A visit to small claims court is next at this point, and you will probably prevail.

Possibility #4: The creditor apologizes profusely, removes the tradelines, forgives the debt, and just goes away. This is the possibility you hope for, obviously, because it's the easiest of all. Believe it or not, this actually happens quite a bit -- although perhaps not most of the time. Do not make the mistake of thinking that this is what SHOULD happen and that if it doesn't happen you should simply quit. More likely, you're going to travel along one of the paths associated with one of the three other possibilities.

Remember that the first three possibilities take time. There is a clear path to travel. Be patient. You are on a journey. If you get lucky and net the fourth possibility, then terrific! If you don't, though, don't make the mistake of believing that you have failed in your efforts and that it's time to give up. The truth is that you're just beginning in that case, and you will probably prevail in the end. Chin up!

The credit therapy session was brought to you by your friendly PsychDoc. :)

Doc

Thanks so much for all the support you people are the BEST, I WILL KEEP FIGHTING!!!!!!