I got supposed validation of a debt. Let me quote what the OC provided the CA with. "July 10, 2002 Reference: Account No. XXXXXXX Our research shows that he lived here from February 2000 to February 2001. If he did not request the gas to be turned on, he needs to send proof of residency, during that time." The CA sent a bill with it. No statements per the FDCPA. Do they need to provide the statements? It was in response to a validation letter I sent them. I initiated the contact. They never contacted me. I saw it on my credit report and contacted them.
Are you disputing the account with the CA's as not yours or the amount on which they claim you owe? If you are claiming the debt not yours but lived at that address at the time that probably wasnt the way to go...If you really didnt live there then great... If you did you should have disputed the amount owed or disputed some other reason.
My point is this. Is it up to me to prove the debt isn't mine? Or is it up to them to prove it is? It was improper validation any way you look at it. I just want to know how many violations it was.
Mr. Texas, I have not forgotten you. I've had your case on my mind and have been waiting for a few things to unfold. In part, I saw similarities in your case and this recent post by "Pulse" who also woke up a sleeping giant, as did you. I hope you've read that fascinating thread. Unlike Pulse, YOU seem to have a case. For the CA to respond to your val demand with a statement that they did some research and still think they are right puts you at a distinct advantage. This validation response is not adequate. Did you live at this address during this time frame? If not, simply proving such should clear it all up. If you did it should be time for your second val demand and estoppel letter. Lets get a few more opinions before we proceed. I think you're well on your way to victory in this one.
I lived there, but the story is quite long. A drug addict roommate (who's name was on the lease) would cash my 1/2 of the rent check for drugs. I found out what was going on and moved out pre-eviction. I had no idea this was happening. Just goes to show you, even when in college, never answer an ad in the paper for a roommate. Truth is the utility company or the CA never contacted me... never. My mail was forwarded.. all of it. No bill, so yeah, I'm a little upset and if they cannot follow the law, I will not pay. If they can.. well it's only $100. Truth is, they can't provide me with proper validation, because the roommate used my name and SSN to transfer the utilities. The last guy (who moved out because he was a drug addict) cut off the utilities in his name. Anyways.. long story, too much to explain here.
And to be honest I lived at that address from Feb 2000 to July 2000. Aug 2000 to Feb 2001, I was in an entirely different city.
If you were in a different city between those dates, you should be able to stop this now by sending proof of the other address. In a situation like this I wouldn't screw around with it. Send them the proof and be done with it. If you are trying to push the violations by the ca because you think it may be an easy $1000, think again. Violations CAN be up to $1000. Kelly had a court case against a cra for violations of the FDCPA and won $128. So before deciding to pursue this further instead of just giving them proof of your other address, I would reconsider.
I am lucky and got a job opportunity last year that pays extremely well. Money is not the issue. I could pay off all of the debts I have in collection at this point, but the thing is most ALL of them refuse to delete even if I make payment. Do you know how frustrating it is to make a sizeable sum a month and not be able to get approved for a $500 unsecured credit line? Maybe you're right, but until recently I didn't have very good record keeping skills. Or rather I vas irresponsiible and did not keep records of reciepts. What can I use for verification of residence? That seems to be the easiest way out, and I'm willing to take it. I suppose the revenge bug has bitten me pretty hard. What I really need is a deletion. I just can't seem to PROVE that I lived there with any documentation I have in my hands now. I have a W-2 for a job I held at that time, but that's about all I have that says I lived there. Help, please!!!
This particular situation seems like an easy one to me. Maybe I'm all wet. I think your w-2 would be proof of your address. Do you have an old checking account with your address on the checks? Or and old statement? If not, ask one of your creditors to give you a copy of an old statement showing your address. Or, how about a utility co. where you were living? I think if you can get one of the above items with a copy of your w-2, then you will have proven you were elsewhere during the time period in question, and, they will be forced to delete the acct from the cra's or they will be in violation of rule 623 of the FCRA. Try the above and see what happens. Good luck.
