I had a CA call me in May regarding a debt that I trully beleive is not valid. We sent a letter certified RR disputing the debt and asking for it to be validated. I got the green card back with a received date of 5/21/02. Never heard or recevied anything back from the CA. Last night we got a call from a atorney saying that she was representing the CA. I told her that I did not believe this was our debt, and that I already sent the CA a validation letter and it is disputed. She said that she would have her client validate the debt. My question is, What should I do now? The 30 days have long since lapsed, the CA never ansewred our validation request. How can I make this go away? Should I send another letter? Should I get a lawyer?
Is the account listed as disputed on your reports? They are not bound by the FDCPA to respond in 30 days, although you requested that they reply within 30. I would demand that they remove their listing from my credit reports until they validate unless they did note that its in dispute. Did the atty ask about your paying the debt? If so , that's a violation. She admitted that they received the validation and that they have not supplied it. They cannot continue collection activity until they provide validation. Did she say what firm she was with?
I have the phone number for the Law Firm I can get the name if I need it. As for the item on the credit report, The orignal letter from the CA says the following: "Be advised that our client ABC Co, recently purchased your defaulted household finance account, that may have orginated with XYZ Co but most recently being serviced by the 123 co." On the credit report there is one listing for XYZ co, that says its a "Conditional Sales Contract Installment" the account has a open date of 12/92 and a balance date of 05/93. Account status is paid as agreed. The balance is zero. There is collection activity on the account and never heard of these other companys. Back ground on this debt. My wife prior to our marriage was engaged to a dead beat. In order for them to get rings she had to open a joint account with dead beats father (Deadbeat had lousy credit). Account was opened with Jeweler. Deadbeat goes with Father and they buy the ring. A few weeks later the engagement was broken off and my wife returned ring to father. This was back around 1993. She has never heard anything from anyone since this. I know she did not sign for the ring itself and I would be surprised if they have her signature on the joint application (maybe they do). Also the CA letter is addressed to Deadbeats father and MY wife with MY last name. PLEAsE ADVISE
I would hammer them with validation demands. I think its very unlikely they will be able to accomodate your demands for documents with her signature. Demand them. Demand the contract as well as the application. Demand statements also. They must prove that the ring was not returned, that they properly invoiced the person(s) responsible for the account. Does she have any idea if the ring was returned?
Wait a minute! This account is obsolete anyway, the 7 years were up at least by 05/2000 if not earlier. CRA should have purged this account already. PLUS--->Why are they trying to collect on an account with a 0 balance? Point that out to them. Somebody correct me if I am wrong.
I wrote: "There is collection activity on the account and never heard of these other companys" I should have wrote: "There is NO collection activity on the account and never heard of these other companys"
PLEASE HELP!!! ANYONE ELSE HAVE COMMENTS? SHOULD WE ADDRESS THE FACT THAT THE DEADBEATS DAD DOES NOT LIVE AT MY ADDRESS
No, dont give them any more info. Find out what the SOL is for your state. If it is past the SOL send out the estoppel letter. Send it to the CA you sent the first validation letter to. By the attorney calling you that is considered "continued collection activity" (violation #1), if it is on your reports and it wasn't removed or placed in dispute (violation #2). If you are past the SOL it is time to play games with these schmucks!!! I would modify the estoppel to notify them of breaking the laws (don't specify which laws), let them know you know your rights and if it's not resolved within 30 days you'll see THEM in court. PS sounds like you have them on reaging too, another violation.
I plan on sending another validaton letter to this CA. I looked at the samples, Questoin is do Legally CA's have to repsond in 30 days from your validation letter? If so, what law states they have to?
