I sent a validation letter to Portfolio Recovery Services on November 14th and received a letter back from them on December 3rd. It began by saying that they understand that I'm disputing the debt, blah blah blah, and included a paragraph stating the amount they claim I owe, when it was supposedly charged-off and when the account was opened with the original creditor. Then in the next paragraph it states: "Request for original documentation on this account can take up to 90 days." I know this is BS and want to write them back a letter saying so. I did a search on the board looking for a form letter addressing this but couldn't find one. Is there one floating out there somewhere that I missed? Thanks.
Skyy, some seem to say that if the Dec 3rd response was not sent to you certified then you would act as though you didn't receive it and send the second validation request (30+5) after your first letter which would be December 19th and then the estoppel letter 35 days after the second validation letter if they have not responded. If I am wrong I hope someone will correct me and give you the right answer. Tuit
Thanks for the advice. It definately wasn't sent back to me certified so that may be the best course of action to take. Anyone else?
Is it really necessary to send a second validation letter? The FCRA says the have to give whatever info the debtor asks for, whether it be sign. or amt owed etc. Why should WE give them 2 chances? If they can't take the time to read my first request then why bother send a 2nd? Can someone shed some light? Kellie
It is my understanding that you are setting a paper trail, indicating that you at least tried to get them to show you it is your legitmate debt. Tuit
So what is the next step? I have 4 accounts in question. I sent validation - they did not respond I sent estoppel - they did not respond All sent CRR and the time has run out. Do I send the CRA's a letter demanding removal? Is there a sample somewhere out there of a good letter?
Donna, What were the time frames that you waited from the date they received the initial letter until now? I believe if you have done all this and waited, say 60 days since the first letter was received, that your next steps would be to: Send a certified/RR to the CRA attaching a timeline, copies of these letters, and citing them as evidence the debt does not exist as it cannot be verified. Allow them time to investigate respond ( I would think 45 days is more than adequate) and then file a small claims suit for FCRA Violations.
Thanks Hal and LK the first letter was received in September. Do you know of any sample letters similar to what you have described? One question though. It doesn't seem right to me. I would not be requesting the CRA to verify as I would have the proof that the company could not. I would be demanding removal - right? Does that still allow them the 30 days?
I don't have a particular sample letter, however I am sure LK or one of the other creditneter's can come up with one. You are not requesting verification, but demanding deletion as the creditor cannot prove the debt is valid, by default the reporting is incorrect. Cite the fact that they are REQUIRED to ensure accurate reporting. As for the time frame for their response, I expect 30 days should be allowed. Keep in mind, patience, persistance and dogged determination are the three key factors in credit repair. It won't happen overnight, but is well worth the long term effort.
Thanks for bring up the issue and to all those who responded. I now have a clear picture of what I need to do. It was just bits and pieces before.
Even if you admit you got their letter, it still doesn't satisfy the PROOF that you requested in your first letter, so they might as well have not sent you anything. You gave them 30 days to send proof of the debt, which they did not do. They are just trying to buy time to get past the 30 days requirement in your letter. Just stay one step ahead of them, which it sounds like you are.
That would be fabulous ) I'm looking for a letter to send the CRA's to demand removal. The creditor never responded to validation or estoppel. see above posts
Thanks I was trying to use different variations of this earlier. What about the identity theft part? Is that something that should be included or not?
So in saying that - should I use the identity theft? I have no problems in actually filing I just want to make sure I do it properly. Should I send copies of the mailing receipts with this letter?
