I got a letter from a CA on a debt that I am 99% sure is not mine. Set off letter saying I dispute the info and requested validation. Never heard back from them. So I sent off another letter saying the usual it's been over 30 days and I still have not heard from you. A week later, I get a half ass attempt at validation. It is only a piece of paper with a balance due HAND WRITTEN on it. Well I know this NOT validation. So I sent them back another letter saying this is not validation, I then referenced the FTC opinion letter and case law stating this that is included in one of the Form Letter Generator's letters. I have never heard another word from this company. Today I checked TU and low and behold they are reporting it on my credit report!! It does say however, disputed by comsumer. Am I basically out here because they are reporting it as disputed or since they reported this AFTER I sent the letter saying what they sent me was not validation can I go after them? Please help. Thank you. PS. All mail sent to the CA was sent certified mail with return receipt.
Click here: CREDITNET | Straight Talk | | Can a CA do this? since they reported this AFTER I sent the letter GRTDLS ================ It's a 1000 violation.
They can try... The trojan horse in Section 809(b), that they can resume collection activities, once validation has been MAILED, the statute itself doesn't make any qualitative judgements as to the QUALITY of that validation. Since they waited until *AFTER* the 30 day period to send the piece of paper with the balance hand-written on it, they're relying on the theory that your dispute of their validation is *LATE* (not within the initial 30 days after the original correspondence), so the Section 809(b) cease of collection activities doesn't apply to the dispute of their validation. It'll take going to court to argue that what they mailed wasn't validation, and so they in effect didn't OBTAIN and MAIL the validation under the dispute. If the judge is reasonably logical, he should be able to tell that no reasonable person would accept a hand-written balance as validation.
You don't need to adopt their position. If the account is not yours, the only issue from your perspective is why shouldn't they be totally responsible for all damages caused by their negligence. If they out of sloppiness, or their standard intimidating business practice, want to avoid actual validation which could resolve that the account is not yours, it is to their detriment if the result is additional damage to you for which they are responsible. They were on notice with your original timely validation request, that the account was in dispute, might not be yours, and that proceeding with collection against you could result in liability to them. They are on notice with your timely dispute of their inadequate validation that the account is still in dispute, and that their "validation" may be viewed as inadequate both to you, and a court. If they continue to avoid actual validation from original OC records, as required by law, and fail to respond to your continued dispute and remove the TL from your CR, you may have to take action beyond just writing letters. They could have conducted their affairs in an appropriate, ethical, legal, and businesslike manner, but chose not to.
I'm sure your validation request was more thorough, but did their "validation" include as a minimum: the amount due the name of the creditor to whom the debt is owed the name and address of the original creditor the original creditor's account number, to uniquely connect the debt to the original creditor's records. A piece of paper with an amount doesn't cut it. FDCPA: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805 �§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
