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09.22.2008, 22:34
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Newbie
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Join Date: Sep 2008
Posts: 4
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Is their a sample letter that I can use?
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09.23.2008, 09:43
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Senior Member
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Join Date: Jan 2003
Posts: 4,903
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Using internet letters is not a good thing to do--everyone knows it's a "form" letter.
Just write a simple letter like I said. Writing in your own words is always better.
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The Answer is 42!!
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09.23.2008, 13:40
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Newbie
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Join Date: Sep 2008
Location: Michigan
Posts: 5
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My husband is in collections with two organizations for $184 and $493, simply due to oversight. We know that he owes them money, so why shouldn't we talk to the collection agency and request that they remove the two collection reports from his credit report?
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09.23.2008, 13:47
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Senior Member
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Join Date: Sep 2002
Location: Texas
Posts: 6,201
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Quote:
Originally Posted by Destoria
My husband is in collections with two organizations for $184 and $493, simply due to oversight. We know that he owes them money, so why shouldn't we talk to the collection agency and request that they remove the two collection reports from his credit report?
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This post was originally started 7 years ago. Hey, if you can pay them and get them to remove them from your credit report its a win win situation.
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09.23.2008, 14:15
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Senior Member
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Join Date: Jan 2003
Posts: 4,903
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I tried to point out a while back that this was an old thread and things change.
The only thing you need to remember is that you should do everything in writing so that you have proof. Don't trust what they say.
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The Answer is 42!!
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09.23.2008, 14:43
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Newbie
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Join Date: Sep 2008
Location: Michigan
Posts: 5
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Would I mail a validation letter to the main office of a collection agency?
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09.23.2008, 14:57
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Newbie
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Join Date: Sep 2008
Location: Michigan
Posts: 5
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What is NCO's address for validation disputes?
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02.22.2009, 06:04
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Newbie
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Join Date: Feb 2009
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Michael'Website
Hi Marie;
I just signed up here (years after the start of this thread!!!) and just saw your comment about Michael's Website. What is the site address?!
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02.22.2009, 21:47
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Senior Member
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Join Date: Jan 2003
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Marie has been gone for years.
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The Answer is 42!!
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02.23.2009, 09:41
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Senior Member
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Join Date: Aug 2008
Location: Northeastern United States
Posts: 333
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Holy thread resurrection! 2001? :)
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I am not a lawyer, nor am I an "expert" or "authority" on anything. This post reflects my opinion only, and may be wrong or inappropriate. Always consult a legal professional for guidance.
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03.30.2009, 16:39
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Newbie
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Join Date: Mar 2009
Posts: 6
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Getting sued by a collection Agency
I am being sued by a collection by a law firm...The first letter I received stated that I have 30 days to dispute the validity of the debt before I could send the validation a couple of days later I received a summons to appear in court suing for 1600 dollars. The card was only for 500 dollars I used it twice for gas and lost it. When I discovered it was missing I called the credit card company and told them about. They said they will close it down and send a new one. Never got the new one and they never closed it down. I told them I was not going to be sending any money in until the charges were taken off. They never did and I never send any money this was in 2004 didn't even have the card for two months. Now they want to collect on 1600dollars. When the credit card company sent it to collections, it was in 2007 and I sent them a validation letter never responded they sent me another letter I sent another validation letter never responded. Now I get a letter for the lawyer saying I have 30 to dispute the debt. Letter says Jan 22, 09 they postmark on the envelope was the Jan 27, 09 I got the summons on Feb 13, 09 not even 30 days yet. Just want to know what are my chances. What should I do.
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03.30.2009, 17:54
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Senior Member
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Posts: 4,903
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You need to start a new thread with your question.
This thread is over eight years old.
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The Answer is 42!!
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03.30.2009, 20:59
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Senior Member
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Join Date: Jan 2007
Posts: 1,483
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Quote:
Originally Posted by bmcneilp
I am being sued by a collection by a law firm...The first letter I received stated that I have 30 days to dispute the validity of the debt before I could send the validation a couple of days later I received a summons to appear in court suing for 1600 dollars. The card was only for 500 dollars I used it twice for gas and lost it. When I discovered it was missing I called the credit card company and told them about. They said they will close it down and send a new one. Never got the new one and they never closed it down. I told them I was not going to be sending any money in until the charges were taken off. They never did and I never send any money this was in 2004 didn't even have the card for two months. Now they want to collect on 1600dollars. When the credit card company sent it to collections, it was in 2007 and I sent them a validation letter never responded they sent me another letter I sent another validation letter never responded. Now I get a letter for the lawyer saying I have 30 to dispute the debt. Letter says Jan 22, 09 they postmark on the envelope was the Jan 27, 09 I got the summons on Feb 13, 09 not even 30 days yet. Just want to know what are my chances. What should I do.
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What are your chances? Slim to none. I can tell you what to do but that isn't going to help you any. Of course, I'll tell you anyway so here goes. First you need to prepare a validation letter, a response to the complaint, a set of admission demands (unless you are in small claims court and the court won't let you use discovery) and a certificate of mailing. Did that help you any? I'm sure it didn't because if you had a clue about what those things are and how to prepare and file them then you probably would not have been here asking the questions you did. On the other hand, you said you got the summons on Feb. 13th so you are probably too late to file a response or send a validation letter anyway so yes, if you are out of time then you are already a dead duck. Therefore, once again, your chances are probably slim to none.
Sorry to be so negative, but that's just about the way it is.
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08.11.2009, 11:00
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Newbie
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Join Date: Aug 2009
Posts: 1
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Collector hasn't responded
Hello All, I am new here, trying to help a friend with her problem with a collector that hasn't responded to the two letters requesting validation, we have the three letters from the CRAs that say they have "verified" the alleged "debt", I am putting together the letters to the CRAs, along with the evidence that the Collection agency has not responded to our requests in the 30 and 15 days, (along with receipts of delivery), Asking them to remove the accounts from their reports.
We have received a couple letters from the supposed creditor (HSBC who supposedly bought out Direct Merchants) but isn't it true that "notice to agent is notice to principal" and vice versa? (as I stated in my original letters) anyone have any suggestions at this point? or am I on the right track?
I have not responded to the letters from the "creditor" who supposedly assigned the account to the collector.
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08.11.2009, 13:09
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Senior Member
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Join Date: Jan 2007
Posts: 1,483
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Quote:
Originally Posted by Mark S
Hello All, I am new here, trying to help a friend with her problem with a collector that hasn't responded to the two letters requesting validation, we have the three letters from the CRAs that say they have verified the alleged debt
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They don't have to respond. There is no requirement in FDCPA that says they ever have to respond no matter how many letters you send them. The law simply says that they cannot make any further attempts to collect until they do respond with the demanded validation.
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I am putting together the letters to the CRAs, along with the evidence that the Collection agency has not responded to our requests in the 30 and 15 days, (along with receipts of delivery),
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What 30 and 15 days? Where is that mentioned in the law?
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We have received a couple letters from the supposed creditor (HSBC who supposedly bought out Direct Merchants) but isn't it true that notice to agent is notice to principal
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I've never seen any such law saying that either. I've seen a great many people claim that such is true but I've never seen any law or court decision that says that. If there isn't any law or court decisions to that fact then it is nothing but mythology.
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(as I stated in my original letters) anyone have any suggestions at this point?
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Quit believing everything you see on some egroup or message board and start learning the law.
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08.11.2009, 14:58
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Senior Member
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Join Date: Jan 2003
Posts: 4,903
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They don't even have to stop attempting to collect if you didn't send your validation request within 30 days of their initial contact.
That's the only place in validation that I know that 30 days comes into play. If you don't dispute within 30 days of initial contact, they can assume the debt is valid.
__________________
The Answer is 42!!
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08.12.2009, 06:34
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Senior Member
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Join Date: Jan 2007
Posts: 1,483
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Quote:
Originally Posted by Hedwig
They don't even have to stop attempting to collect if you didn't send your validation request within 30 days of their initial contact.
That's the only place in validation that I know that 30 days comes into play.
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Thirty days also comes into play under FCRA because CRAs have only 30 days to complete their investigation of a consumer dispute.
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12.23.2009, 17:27
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Newbie
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Join Date: Dec 2009
Posts: 4
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MARIE WRITES: The credit history is another project. You can legally force the collectors and bureaus to remove those items, for the same reasons an assignee collector cannot enforce any collection. You may not be able to do the same with the orginal creditors unless you can prove they repudiated the debts or that there was some accord and satisfaction in the form of an insurance claim or write-off, as a consequence of the assignment."
Are you referring only to repudiated debts or paid debts? If the latter, how can you force them to remove paid debts?
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12.23.2009, 21:23
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Senior Member
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Join Date: Jun 2008
Location: tulare ca.
Posts: 1,291
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Quote:
Originally Posted by Jordan848
MARIE WRITES: The credit history is another project. You can legally force the collectors and bureaus to remove those items, for the same reasons an assignee collector cannot enforce any collection. You may not be able to do the same with the orginal creditors unless you can prove they repudiated the debts or that there was some accord and satisfaction in the form of an insurance claim or write-off, as a consequence of the assignment."
Are you referring only to repudiated debts or paid debts? If the latter, how can you force them to remove paid debts?
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this thread is 8 yrs old you may not get an answer from marie
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jjgross* The answer my friend is written on the wind
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01.04.2010, 17:18
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Senior Member
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Join Date: Jan 2003
Posts: 4,903
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And in fact a lot of what was true eight years ago isn't now.
Maybe these old threads should be locked so that they can't be bumped. It appears that folks don't look at the dates.
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