I've been trying to read up and gather the proper approach... When I receive a letter from a CA that I want to dispute, is it best to always ask for validation 1st regardless - or is it better to just send the "cease & desist" letter to let them know I won't be dealing with them? It looks to me like I should: ask for validation, and then follow that up with subsequent 30/60/90 letters and if they do validate and continue to bug send a cease and desist letter - and try to negotiate with the original creditor... does that sound about right? thank you
If you want to preserve your FDCPA rights that can be preserved by a validation request timely, doing exactly that might make sense. Note that sending them a Go Away letter makes them decide what to do with you, and that could be to leave you alone, sell the debt to someone else, or sue you. So it might not make sense to force the issue right now if now isn't in your best interests. Only you can decide. If the OC doesn't own the debt, what point is there in negotiating with them?
Question... When a CA sends a notice to you about a debt, are they obligated to wait for 30 days to see if you try to validate - or if they want to proceed with some type of action can they just proceed at will?
They do not have to wait whatsoever. If you send a validation letter make sure you keep a copy and always send CRRR. You can put in the letter that it is INCONVENIENT to call you, and preferred method of communication is USPS mail. This is what is referred to as a LIMITED CEASE AND DESIST as if you tell them to not communicate with you at all they may just go ahead and file suit as they can do nothing more. WHo is the JDB? Who was the OC? Are they reporting on credit reports? Woofer
not sure what JDB means... but OC is Chase Visa and no, the CA is not reporting on credit reports - is that significant in any way?
So does Chase still own the account?If so they are not required to validate. JDB=Junk Debt Buyer OC's usually have al their ducks in a row, JDB's seldom. I think you need to get as much info as you can before you start sending any letters. Woofer[/QUOTE]
Portfolio is the JDB - not owned by Chase - and I think someone else had it before Portfolio So the validation letter goes to them - and you're saying they have 30 days to contact the OC and then send me proper validation? Does a validation letter stop them from taking any action against me ?
Regarding the questions raised above... On my credit report, chase shows "paid as agreed" (not a collection account) - and now they seemed to have hired a CA to collect...is there anything "dispute-able" about that... and, the CA is not reporting on any of the credit reports (except for an inquiry) - is that significant in any way?
It's only "dispute-able" if you'd rather see it reporting as late, charged off, or in collection. (In other words, just be glad that they show it as "paid as agreed." It will probably be updated soon.) It's not unusual for the collection agency to not show up on your report. Some agencies report, some don't. When I started trying to repair my credit, I had three credit cards in collections. None of the agencies has ever shown up on my reports, except as an inquiry.
