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  1. #1
    spinners is offline Newbie
    Join Date
    Jul 2003
    Posts
    2

    OC will not honor validation...

    without a letter with my signature. I indicated in my correspondence to them over 30 days ago that I was a victim of ID theft and wanted validation that this debt was mine. They responded that they are in possession of a signed contract, invoices and a payment and would not send without my signature.

    Is it mandatory to have a validation signed? Also, with computer technology, I am not comfortable sending my signature because of scanning capabilities.

    I would appreciate any thoughts on this matter. Thanks

  2. #2
    jlynn is offline Senior Member
    Join Date
    Sep 2002
    Location
    Texas
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    6,201

    Re: OC will not honor validation...

    Originally posted by spinners
    without a letter with my signature. I indicated in my correspondence to them over 30 days ago that I was a victim of ID theft and wanted validation that this debt was mine. They responded that they are in possession of a signed contract, invoices and a payment and would not send without my signature.

    Is it mandatory to have a validation signed? Also, with computer technology, I am not comfortable sending my signature because of scanning capabilities.

    I would appreciate any thoughts on this matter. Thanks
    Well,,, since you claimed ID theft, it could be said they are protecting someone (their a$$) before they send out any more information.

    What I have done, and others may disagree-- I sign everything in my normal signature except, I may draw a line thru part of it, dot the i with a bubble dot rather than a regular dot, make an xtra long tail on the J, etc. It would. Something that if they try and "plant" my sig onto something it is easily recognizable, but may look like a slip of the pen to them.


    BTW - the OC does not even have to validate per the FDCPA :(

  3. #3
    spinners is offline Newbie
    Join Date
    Jul 2003
    Posts
    2

    Re: OC will not honor validation...

    Thanks for your response. I live in California and I do believe that I've read that they are bound by the CA-FDCPA and have to validate a dispute. Please correct me if I am incorrect. Thanks again :)

  4. #4
    lbrown59 is offline Senior Member
    Join Date
    Feb 2001
    Posts
    17,876

    Re: Re: OC will not honor validation...

    Originally posted by spinners
    Thanks for your response. I live in California and I do believe that I've read that they are bound by the CA-FDCPA and have to validate a dispute. Please correct me if I am incorrect. Thanks again :)
    U R Rite.
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    They never take it off the report when we make it right so why should we take it off the docket when they do?

  5. #5
    sassyinaz is offline Senior Member
    Join Date
    Jan 2002
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    2,695

    Re: Re: OC will not honor validation...

    Originally posted by spinners
    Thanks for your response. I live in California and I do believe that I've read that they are bound by the CA-FDCPA and have to validate a dispute. Please correct me if I am incorrect. Thanks again :)
    OC's are bound by the FDCPA in California, and in a whole lot of other states as well, HOWEVER, they are exempted from the validation requirements.

    So, ask for "verification" under the FCRA provisions, Section 623, responsibilities of furnishers instead.

    Sassy

  6. #6
    gmaof1 is offline Registered User
    Join Date
    Aug 2003
    Posts
    229

    Re: Re: OC will not honor validation...

    I sent validation to OC in California. They did not respond, yet the CA continued reporting it. I then sent a estoppel letter to OC. Still haven't heard anything. Are they breaking laws?

  7. #7
    jam237 is offline Senior Member
    Join Date
    May 2003
    Posts
    3,093

    Re: Re: OC will not honor validation...

    You don't Validate the OC, you Validate the CA.

    The CA is the only one which is required under the FDCPA to provide Validation.

    The OC is required to VERIFY the account with the CRAs.

    Ask the CA to validate requiring everything including the kitchen sink, signed application, statements, invoices, etc, everything that you can think of.
    --
    jam
    An educated consumer.
    Why Time Barred C&D = Delete
    Pulls and PRMs


    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

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