i sent out two validation request 35 days ago to rjm acquisitions llc,and to reliable credit services. no response from either of them. do i have to send a second request? both are still on my credit report or can i skip the second validation letter and just demand they come off now?
Dear Jeff6898, Usually the board suggests that you send your first val. letter and allow 30 days. Then when they fail to respond send the 2nd val. allowing 15 days. Then a 3rd allowing 48 hours. The board suggests this for very good reason. It does show that you "went out of your way" to amicably resolve the matter and it extends your paper trail. The law does not say you have to do this however. Here's how I would do it in the future; Send ONE demand (notice I did not say "request") for validation and allow 30 days. After 21 days and no response send them a 1-week WARNING that they have only 7 days remaining to comply. This serves the same purpose of "extending your paper trail" without extending the time to comply, (which you DON'T want to do). At this point I'd just send the estoppel and notice of intent to sue. Include a time limit, a short one. For example "I demand compliance by xx/xx/2002 ( give them about 2 business days ) or I will file my suit". Be sure to outline ALL the violations they have racked up so far in your "NOTICE OF INTENT TO SUE". This will get their attention. Good Luck,
Dear Jeff6898, Usually the board suggests that you send your first val. letter and allow 30 days. Then when they fail to respond send the 2nd val. allowing 15 days. Then a 3rd allowing 48 hours. The board suggests this for very good reason. It does show that you "went out of your way" to amicably resolve the matter and it extends your paper trail. The law does not say you have to do this however. Here's how I would do it in the future; Send ONE demand (notice I did not say "request") for validation and allow 30 days. After 21 days and no response send them a 1-week WARNING that they have only 7 days remaining to comply. This serves the same purpose of "extending your paper trail" without extending the time to comply, (which you DON'T want to do). At this point I'd just send the estoppel and notice of intent to sue. Include a time limit, a short one. For example "I demand compliance by xx/xx/2002 ( give them about 2 business days ) or I will file my suit". Be sure to outline ALL the violations they have racked up so far in your "NOTICE OF INTENT TO SUE". This will get their attention. Good Luck,
LKH, That's was funny.... i'm laughing because it's happened to me also and i thought i was doing something wrong......
quote: Here's how I would do it in the future; Send ONE demand (notice I did not say "request") for validation and allow 30 days. After 21 days and no response send them a 1-week WARNING that they have only 7 days remaining to comply. I am not sure how to word this, but so far how does this look? I have added the estoppel into it. Please critique. ME Address State, IL Xyz medical collection Po box XXX State, IL October XX, 2002 Re: Medical Collection Account #XXXXXX Dear Sir/Madame. This letter is a reminder/WARNING your company has only 7 days left to comply with the validation I demanded regarding my notice of dispute dated September 10, 2002. You have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information: 1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. 2) What is your authorization of law for your collection of information? 3) What is your authorization of law for your collection of this alleged debt? 4) Please evidence your authorization to do business or operate in the state of Illinois. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. Should you wish to avoid litigation I strongly suggest you do not ignore this letter. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. Failure to respond within 7 days of receipt of this letter will result in a small claims action against your company. I will be seeking $5,000 in damages for the following: Defamation Violation of the Fair Debt Collection Practices Act Violation of the Fair Credit Reporting After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. Sincerely, « Type Your Name» ```````````````````````````````````` Don't sign this letter.
I have a problem with this, there is no requirement for a CA to send you requested/demanded verification in any time-frame. The only real requirement is that if you have contacted them within the initial thirty days they can not continue to attempt collection until the debt has been validated. I haven't been able to find anything imposing this 30 day time limit. So ion the first letter how would you state they have 30 days to validate, if this is not the case.
I have found that my AG has an interest in companies that do not reply to validation letters. In both cases the companies removed items from my credit report. I had one company that replyed saying they could not find a acount for me but kept on reporting the item. After a complaint to the BBB, the item was removed.
I cannot find anything that says by virtue of not contacting the CA in the first 30 days of receiving the notice from them that you waive your right to have the CA validate the debt?? Does anyone else know?
Does anyone else know? millerm | ++++++++++++++++ Has nothing to do with- do you or do you not have the right to demand validation. LB 59
don't worry about the 30 days...send the validation request, put the item in dispute when you get the green card. if they update the credit report in any fashion , such as 'verifying' the account before responding to you with full & proper validation, you have them in violation, 30 days or not...then you go from there. at least this is what I have done on my 1 shot at the validation process. after the 15 day estoppel and finally the intent to sue, I got my apology letter faxed to me from the CA (about 10 minutes after they got my intent to sue fax). All based on the fact that they never responded, yet verified the account on two different credit reports before providing validation. Not to mention the fact that they actually had no proof of the account. They were banking on me not knowing my rights and they lost. read section II of this letter, this is your ammo on the estoppel and intent to sue should it come to it. http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm
