"We can't validate." Now what?

I would send Colectech a letter telling them to stop reporting to the CRAs and remove whats there since they cannot validate or you'll sue their a$$es off.

Quote the FDCPA violations.

Also tell them that if they get some response from the original creditor, it better damn well be irrefutable proof that the account is yours or the law suit will happen anyway.

{EDIT}
On second thought, I'd leave the second part out. Deal with that when or if it happens.

 

There's a staff opinion letter, sorry don't have the name in front of me, will see if I can find it for you though, that indicates that continued reporting is considered collection activity.

 

"As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes 'collection activity' on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute."

Source: http://www.ftc.gov/os/statutes/fdcp...etters/cass.htm

thanks psychdoc! that's a cut and paste from a January post, "Validation question from Lizardking"

 

At this moment in time, the collection agency has admitted they don't have validation.

If you then turn to the Fair Credit Reporting Act, you have a legitimate beef because they are erroneously and willfully reporting the account.

While you have requested validation, the collection agency should have told all affected bureaus that the account is in dispute. Get copies of your reports. If there is no notation on each, then it is a fcra violation.

You cannnot just put stuff in the report and not be able to back it up.

Right now, if the account isn't removed, you can sue them for fcra violations.

 

important keep this letter to back up your paper trail.

 

Calmest,
This is the same generic response letter I got from them. I'm telling you all they are going to send you is a printout.
Its funny how Collectech screwed me. They signed for my 1st validation (within the first 30 days, of them notifying me of the debt), they ignored the "I request validation part" but read the "C&D" part. They continued to send collection notices. I sent the estoppel 35 days later, they ignored this too, still sent colection notices. It took me complaining to the BBB, for them to back off. But they put it on my credit report 3 days before they got the BBB complaint, yet 50 days after they signed for my first validation letter.
They are NOT above the law, and for Christ sakes if i can get my old decrepped attorney off his keyster, I will put those bastards in their place, for ALL of us. LOL.
Hey what about that David Swayzac guy, maybe he can refer me to someone near by. My attorney keeps praising me for having quite the papertrail, but just keeps asking me to write more letters.

 

I think I'd advise you to write more letters, too. If they're blatantly disregarding you, why rush to sue over a handful of violations when you can wait a bit and then sue for a bucketful (at $1000 a pop)?

 

Are you sure it's per Violation.I have heard it's 1000 for a group of violations.

 

One judge decided they were "SIMULAR" so they were grouped into one...

 

So according to this judge, several 30-day lates are "similar" and should be grouped into one.

 

Your honor, I know two murders makes me eligible for the death penalty, but since I killed and mutilated all the bodies in exactly the same way, I'm only guilty of one count of murder.

So what do you say? Out in 25?

(ludicrous)

 

Results vary from city to city...state to state...

I would hate to "THINK" that was the judge that "teaches" judge class...

 

One way around that is to sue them seperately for each violation!

 

Grouping them into one violation is more like a life time pass than a penality.