An interesting thing just happened. We had a CA on our report from a medical bill, we sent a letter requesting validation, they did not validate, tried calling, I sent a cease and desist. I sent another letter, still no validation, when I went to check the account on the credit report it had been deleted. So I thought, good its gone. Well just now ANOTHER CA calls, they have been sold the account by the hospital. The woman offered to settle the account, over the phone by check, for a amount less than full balance, and not report the account. I of course told her I would get back with her. I'm not sure what to do. Settle the balance by sending a settlement offer letter FIRST, then payment. You know can they do this, just call, not send notice of debt? They are a new CA collecting the same debt. Wouldn't they have to send notice first? Have to validate as well?
OOPS, just found their letter, dated March 19. Husband must have shoved this in the drawer! Guess I'll have to settle the debt? Could I still ask for validation? Act stupid, say I never received their letter?
Is that their first letter?? Are your rights on it? You have 30 days to validate the debt blah blah so forth and so on?
Ok I would ask for validation and see what you really owe. Is it your debt? is it a substantial lower amount, and the most important, How old is the debt?
The debt is mine, the account is from 1999. The original amount owed is 111.40, she offered 89.00. Do you think I should validate, she said the account is already flagged for going to credit report? I know just a scare thing. I just have worked so hard on husbands report, don't want it on there.
I believe the new CA is subject to the validation demand made on the former CA. If they place the account on your reports without validating it would be considered continued collection activity. A violation. You should be able to settle this before they validate without it being placed on your reports.
Yeah I am gonna have to agreed with Jeff on this, I would also send a validation letter to the new agency plus find out if they are the same agency with a different name. It sounds real fishy.
Well...I just don't know. I don't think I'd request validation if you can get it in writing that the account will not be reported. You know its your debt...they are offering to take less and not report...to me that would be an easy way to deal with them. I know a lot of people feel like if the CA can't prove it, it shouldn't be paid...but I think you are getting a good deal *if* you can get it in writing. They promise anything and everything on the telephone. On the other hand...like everyone is saying, you did request validation and collection efforts have continued without validation being provided. Just depends on whether you want to take a chance on them being able to produce documentation that the account is yours I suppose. L
I do agree with you, but I am concerned that the CA will still report the account even after she pays(probably as "settled in full"). At least if validation is requested they must cease collection and cannot report derog to CRA. jus my 2 cents
You have a point there. Maybe a letter requesting validation that also says that for expediency, she will agree to pay the $86 as long as they agree not to report the account in any fashion to any credit reporting agency, although she maintains that this account is in dispute? Okay...not very articulate, but hopefully you get the picture. L
Has anyone ever had a collection agency respond to the validation request with, your thirty days are up? Although the first CA didn't do that, and I requested validation years after. I don't know I'm torn, I don't know whether to believe this woman, maybe they will just report it after they sign the agreement that they won't, she really kept stressing that after they send it, and I pay, it will stay on the report for 7 years, so you better pay up.
Yes, maybe a combination validation with a settlement offer would be the way to go, any other thought?
You know, if the first collection agency couldn't validate, this one probably can't either. I just don't want the hospital to keep selling the account! I'm confused! HELP!
Look don't confuse yourself. its very simple, First Validate it. Secondly, Let them send you the information you requested, if they don't do it, send the Estoppel letter. Send ALL of the above CRRR, IF the CA does report it to the CRAs at anytime. Send Copies of the above to the CRA and have it deleted and state I sent the Collection Agency a validation letter and they showed no proof I owed any debt, and they have to conform or be sued. Simple as that.
Exactly, thats your right! You don't know who these people are and if you do it this way, they can really hang themselves.
I agree with whyspers. For $89 and a letter guaranteeing no reporting to the cras, I would definitely do it. You can play games and ask for validation etc,. but on a debt this small, personally, I would not play with it. You will end up going round in circles with it if you try to validate and play with them. This happened to me 3 months ago with a $54 bill. I got a letter agreeing not to report it and and I paid it. It just isn't worth risk on a debt this small.