are they in the wrong?

Discussion in 'Credit Talk' started by gmaof1, Aug 26, 2003.

  1. gmaof1

    gmaof1 Well-Known Member

    Here I am, still trying to figure all of this out. I started my clean up BEFORE finding this board and know that I have made a few mistakes, but also THINK that I have done some things right.
    Before finding this board, I attempted to validate with a few original creditors. That was 45 days ago and I have heard NOTHING from several of them. Are they in violation?
    I did have one utility company validate and tell me that they were not bound by any laws since they do not sent their delinquent account to agencies, but keep them "inhouse". Is this true?
    On to TU. I sent letter requesting validation. They recvd letter on 7/18/03. On 8/4/03, I recvd letter from them requesting more info as well as telling me my dispute had been forwarded to a different TU in NY. I sent out a copy of my DL and current bill with address. They recvd this on 8/8/03. On 8/13/03, I recvd another letter saying my info had been forwarded to the NY place again.
    When is their time up? Did the time start when the first letter was recvd by them (7/18/03) or when they recvd the info they requested? (8/8/03)

    I appreciate any and all help. I don't want to "drop the ball" because I allowed them to intimidate me!
     
  2. gmaof1

    gmaof1 Well-Known Member

    bump
     
  3. tryinhard

    tryinhard Well-Known Member

    1.I attempted to validate with a few original creditors. That was 45 days ago and I have heard NOTHING from several of them. Are they in violation?
    *******************************************1. YES, If they continue reporting w/o vaildating,
    and havent marked your report "in dispute", send another validation, crrr (keep all proof, in case you need to sue) then estoppel
    ******************************************
    2.I did have one utility company validate and tell me that they were not bound by any laws since they do not sent their delinquent account to agencies, but keep them "inhouse". Is this true?
    ******************************************* 2.The FDCPA refers to Collection Agencies, not original creditors, *****************************************
    3.Did the time start when the first letter was recvd by them (7/18/03) or when they recvd the info they requested? (8/8/03)
    *******************************************3. The 30 time limit started when they recvd the requested info.
     
  4. gmaof1

    gmaof1 Well-Known Member

    If the FDCPA refers to collection agencies and not the original creditors, how are the first ones I had sent out in violation? The letters were sent to the original creditors?
    I appreciate your help. I just don't want to sent the letters when they do not apply to them.
     
  5. tryinhard

    tryinhard Well-Known Member

    ok you sent validation request to original creditors, right? Are these accounts in collections as per you credit report? Did you receive anything from Collection agencies in the mail pertaining to the accounts? If they are in collections and are in the collection agencies hands, thats when you request validation from them and make them prove that you owe them money.

    As far as original creditors, and requesting validation it is your right to know if you are the right person they should be collecting from and there is nothing wrong with requesting validation from them it is just a little harder to deal with as far as getting the items deleted off of your reports because the laws of FDCPA is aimed at the Collection Agencies.

    My experience dealing with OC, I did send validation request and asked for proof that the account they were billing me for actually belonged to me and they couldnt prove it, they never did answer my validation request and I dont have anything on my reports from them either.

    I hope I was of some help, good luck to u. :)
     
  6. gmaof1

    gmaof1 Well-Known Member

    That was of some help at least in clarifying who is in violation and who is not.
    Thank you for your time. It is GREATLY appreciated!
     
  7. tryinhard

    tryinhard Well-Known Member

    your welcome ;)
     
  8. lbrown59

    lbrown59 Well-Known Member

    BOTH a CA & an OC can be in violation of reporting inaccurate infirmation.

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     

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