What happens to the account if the CA is unable to validate it? Does it go back to the OC, or do they pass it along to another CA? I have a couple of charge offs that I want to have validated, but I am afraid of the repercussions of the OC if the CA is unable to validate. I am sure somebody has experienced this, and I would appreciate your input/advice.
If you request validation of an account from a CA, and they are either unable or unwilling to do provide it, they will usually return the account back to the OC. They themselves cannot just pass it along to another CA. The OC in turn will probably hand it off to another CA, however, your demand for proof still stands. If the second CA attempts to collect on you for this debt, that's an instant violation, and also, you can hold the OC liable for the illegal actions of the CA. Example: Had a CA write me about a debt. Sent validation. Don't recall them responding (or if they did it was with unacceptable validation, and I sent the estoppel, and then they stopped). Weeks later I receive another collection notice from a different CA. I immdiately sent an intent to sue letter to them advising them that validation was already requested and never produced, and that I would be holding them responsible (as well as the previous CA) for continuing collection acitivity on me(not even sure if I truly could hold them responsible, but it certainly got their attention as well as the OC's). About a week later, I received a hand signd letter from OC, advising a mistake was made, and account would be closed/wiped out.
Thanks for your help. I have been paranoid about asking for validation ever since I heard of it because the debts truly are mine. Due to being laid off and finally finding a job 6 months later (making almost 8k less) it's a little hard to pay them right now. I want to put off BK as long as possible (or a suit is filed).
don't worry, validation is about more than if the debt is yours. They have to provide an accounting of how they came to the amount they're asking for.
