I have a 5 year old collection that I had made 2 payments on, before I realized that the account was not even mine. I sent them a validation letter, and this is what they sent back: _________________________________________________ Dear Chipper: This acknowledges receipt of your letter dated 4-16-03. We suggest that you seek legal counsel so as to become better informed. We have no legal obligation to re-verify a debt that you have already acknowleged you owe. You have made payments on the account, there by, acknowledging the debt even further. Downloading information off a WEB sight and attempting to use it to coerce us in to giving you what you want is not going to work. The balance of the account is owed. Pay it or not, it is up to you. Respectfully, XXX Manager _________________________________________________ The CA refuses to provide proof that the debt is mine. So what do I do now? Experian is the only CRA that verified it.
Try disputing to the OC directly... While the OC doesn't have to comply with the FDCPA, they can be held accountable for the CAs activities. Tell the OC that you requested validation from the CA, and that they refuse to comply, you are demanding that they provide you with the documentation immediately. Send the copy of the green cards, and the copy of the validation request, CRRR. However, the CA is partly right, if the CA would take you to court, they could argue that by making a payment to them, you agreed that the debt was yours. I know, its not fair that half the time they threaten you with everything under the sun if you don't pay the debt sight unseen, and when you do, they use it against you... Their position is what motivates the "Get letter; Send Validation & Limited C&D" automatically response.
Ok - I am NOT an expert by any means but is it possible to take it up with Experian - tell them that they are reporting an account that is not yours, placed on your report as a result of a merged file, blah blah blah? You might be able to handle it that way. Also, you might want to study all the posts here to try and discern whether the CA can in fact use your past payments as a loophole to avoid verifying - sounds kind of fishy to me. Also, you might want to take their suggestion and contact an attorney to file off a threatening letter. Keep pushing, and good luck! Poochie
Dear Ignoramus Collector: Read the FDCPA c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. cc: OC
Dear Ignorant CA. Thank your for your prompt response to my letter date xx/xx/xx. You are right, I have been looking at a web site. It is the website for the Federal Trade Commission. According to the FDCPA you must validate this debt and you might want to consider finding competent legal counsel. I am giving you 15 days from the date of this correspondence to validate this debt in accordance with federal law. If you refuse I will have no other choice but to file suit against you for violations of federal law. Sincerely, An informed consumer
1*Try disputing to the OC directly... 2*Tell the OC that you requested validation from the CA, and that they refuse to comply, you are demanding that they provide you with the documentation immediately. Send the copy of the green cards, and the copy of the validation request, CRRR. jam237 =============== 1*No: He should continue with the validation process.CAs send letters like that to throw you off course.Don't fall for it. 2*Bad advice. This is validating for the CA and driving the nails in your own coffin. You never want to get the OC to assist the CA in validating. ~~~~~~~~~~~~~~~~~ jam237 The letter from the ca was to get chipper off course and the kind of advice your are giving chipper is like offering to be his guide down the primrose path the CA is trying to lead him to. THE END ** *** ** LB 59
1*Ok - I am NOT an expert by any means but is it possible to take it up with Experian - tell them that they are reporting an account that is not yours 2*Also, you might want to study all the posts here to try and discern whether the CA can in fact use your past payments as a loophole to avoid verifying 3* you might want to take their suggestion and contact an attorney to file off a threatening letter. Poochie ======================== chipper is on the validation trail and the CA tried to throw him off it with the letter. 1*Suggestions like this assist the CA in keeping him off track. 2*Reading the below validation link would be a good start in that direction. 3*Not necessary at this point-just stick with the validation process to the conclusion. THE END ** *** ** LB 59
Just to clarify, other than the pmts you've made how else have you acknowledged the debt? Did you tell them you owe it on the phone? Boy let me have this one. LOL How come I never got such juicy letters when I was in correction? I feel left outta all the fun stuff. In the case of FTC Vs. United Creditors Alliance Corporation: Jodie Bernstein made the following very usefull statement. "In the past few years, the FTC has taken action against approximately 20 individuals and companies for alleged debt collection practices abuse. "Among the Commission's concerns in these types of cases," said Jodie Bernstein, Director of the FTC's Bureau of Consumer Protection, "is that some consumers may not actually owe the debts, but may pay them in order to stop the abuse." Go to: http://www.ftc.gov/opa/1996/09/uca.htm When and if I feel your threat of collection has sufficient merit to even justify calling in my atty. you'll be the first to know, trust me. Here's a thread you'll want to check. http://consumers.creditnet.com/stra...&threadid=36309&highlight=jodie+AND+bernstein My post (the last in the thread) has a lot to do with your case.
BTW - Once the CA realizes that val docs are not available, they are expecetd to notify the CRA's to delete within 5 business days!
Re: Re: CA refuses to validate, now what? Ok, I know you dislike the term "credit repair" even though the rest of the world uses the phrase without a problem. HOWEVER, my friend Butch, you have taken your crusade to a new low when you use phrases like "when I was in correction" which -- frankly -- gives the impression that perhaps you were incarcerated somewhere for a period of time, viz.: Back in the day, when I was in correction, we didn't have much fun at all! I'll bet you didn't, Butch! Psych "Credit Repair" Doc
Re: Re: CA refuses to validate, now what? Create a paper trail. Pretend like you are gonna sue because you just might. Send them a 15 day validation letter explaing the debt was not yours. File with the bbb and the attorney general in their state and your state. Then when all of this is up send a 48 hour intent to sue then sue. It is quite simple.
