I sent a debt validation letter to a collection agency that the school I attended turned me over to. The agency seems to have validated the debt by sending me my account history including tuition payments, dorm fees, books, meal plans from the school. However, they didn't send me any agreements that they got from the school that allows them to handle this debt nor did they fill out the questionnaire I included with my letter telling them to fill out what credit bureaus they reported me too. Does this mean they didn't validate the debt 100% like I asked them too? What do I do next? Call them on an incomplete validation? Of if this seems like they have actually validated the debt..do I send them a Cease and Desist Letter? How do I get them to remove this off my credit report? Please tell me what my next strategy should be!
I just got off the phone with the school..and I talked to someone in the Business Office. I explained to her how I wasn't going to collection agency but the school. She said that I could pay them instead of the collection agency but they will still report any payments I make to the collection agency. She said I won't be able to get rid of the collection agency. So I guess writing a Cease and Desist Letter is out since she said they own the account and I won't be cleared from them or the Collection Agency until it's paid in full. Is she telling me the truth? Or should I just write a Cease and Desist letter anyway and see what happens? Someone please answer my questions!
something doesnt sound right there, In my opinion I would send a letter to the CA CMRRR and mention that you had previously requested that they complete your questionaire or provide proof that they have the legal authority to collect this acct.and you need them to verify this before you send any payment. if you agree with the balance due AND the Ca has the right to collect I would call them & make arrangements to pay . the school may have signed a contract with the Ca and they may not be able to take the acct back. if that is the case and you pay the school the Ca could possibly go after you for not paying them to collect I know it sounds wierd but Ive seen it happen I used to think the opposite always pay the Oc directly but now Ca are going after the consumers for loosing the acct the consumer pays the Oc direct instead of the CA so the Ca gets no fee for doing the work . however if school chooses to recind your acct from the CA then the Ca could no longer report their TL on your CR as it would be innacurate & they no authority to collect.
You have no contractual agreement with the CA. Any agreement is with the school. They have an agreement with the CA, and if you pay the school, they may be obligated to pay the CA, or even endorse your check and forward it to the CA, but that is their business, and they have not even sent you written instructions to pay the CA instead of them, releasing you from responsibility to pay the school. CAs try to collect "fees" all the time, but if the fee is not in YOUR contract, which is with the school, it is not legal for them to try to collect it. If they try to collect charges not specifically allowed for in any contract with the school, file a complaint against your school. Is this a public school, private trade school, or what?
This is a public school. I don't know what to do..I'm confused now more than ever. If they didn't validate the debt like I wanted them to, what should I do..I wasn't clear on that..can you please tell me in plain terms? This situation seems sticky.
Okay, can someone tell me what a CRRR is in plain terms? I went back and pulled up the validation letter I sent them...in it I did ask for more than what they sent me..I didn't get these things in the so-called validation: 1. The agreement with the client that grants them the authority to collect the debt. 2). The agreement that bore my signature where I agreed to pay them or the school. 3). Debt Validation form and questionnaire asking them to fill out which credit reporting agencies that they reported me too. 4). Verification documents that ensure that they have to the right to collect the debt. I only got a letter stating the amount I owe and a reference number. They also provided my account history with the school from beginning to end but that was it..they still didn't provide the proof that they have a right to collect the debt, or did they? I'm new at this credit repair stuff...Please someone, tell me what I should do next!
CRRR is short for the green card that you fill out in the post office and attach to your letter, and then the recipient signs and the card is returned to you. CRRR=Certified Return Receipt Requested. It's the best way to show that you actually put said letter in the mail, and that it was in fact received. It's a good idea to note the CRRR item number as a reference number on the actual letter. It not only helps you keep them straight, but also helps if you need to prove this step.
Re: Re: CA Validated Debt: What next? No, they didn't include anything from the school that shows I signed anything. To tell the truth I don't remember signing anything at the school..they just billed me and I paid, so maybe that's why. In either case, what is my next step..I got this letter two days ago..time is flying by..Please tell me what I should I do. I have the green card from the post office. Should I write them another letter and tell them that they didn't include all the info. I asked in the debt validation letter?
Re: Re: Re: CA Validated Debt: What next? There is no legal requirement for the debt collector to answer any "questionnaire" nor provide you proprietary information concerning their contract with the original creditor. While what constitutes "validation" is a gray area not covered with specificity under the FDCPA, case law should be given weight. The only APPELLATTE case of which I am aware concerning the issue is Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). It stated in pertinent part that "...verification of a debt involves nothing more than the debt collector confirming in writing that the debt being demanded is what the creditor is claiming is owed. The debt collector is not required to keep or provide detailed evidence of the alleged debt."
Re: Re: Re: CA Validated Debt: What next? I would like to clarify a misconception which may develop of many in regard to my previous post. The forum in which I file FDCPA, FCRA, Bank Regulations, etc., litigation is FEDERAL in the United States District Court for the Eastern District of Pennsylvania. The case law I cited is a FEDERAL APPELLATE COURT decision. It would be given EXTREMELY more weight than a case that was cited, (and unfortunately even made the "archived" page), of Spears v. Brennan. This is an INDIANA STATE Court of Appeals case...it is NOT FEDERAL precedent. The case I cited IS Federal precedent. The FRCP quoted are also inapplicable to a State filing as each State has its own Rules of Civil Procedure. There were many apples mixed with oranges in that archived post that many misconceive as "gospel truth". Perhaps those who reside in the Seventh Circuit: (Illinois, Indiana, Wisconsin) have an advantage of filing an FDCPA action in State Court to use the Spears case to their advantage, but in Federal Court I can assure you that an action for failure to provide all the dictum in Spears is moot.
Re: Re: Re: CA Validated Debt: What next? Okay, from my understanding if they owned the account they are supposed to have the complete history of the account. Anyway, my question still wasn't answered. What do I do next?
Re: Re: Re: CA Validated Debt: What next? Lashay..is the CA legal to collect? Have you checked out state licensing/bonding?
Re: Re: Re: CA Validated Debt: What next? the school..they just billed me and I paid ============== If you paid then what is there to collect?????????????
Re: Re: Re: Re: CA Validated Debt: What next? Send the CA the estoppel 30 days after they got your VL. If still not full validation after 15 days send them An ITS.
Re: Re: Re: Re: CA Validated Debt: What next? JDP, I don't know where you get "gospel truth" from; however, we are thousands of members from every corner of america, even from other parts of the world, though predominantly Americans. It isn't always the case that is important, as in which individuals where can use it if they proceed with legal action, but the arguments that were presented, rationale and ruling -- the understanding that comes from cases that are similar to what the board addresses. Sassy
Re: Re: Re: Re: Re: CA Validated Debt: What next? I disagree, especially when a poster relies on the information to their detriment. I believe the case is extremely important, especially in light of the fact that there are literally dozens of responses and just as many "threads" ancillary to the Spears case where posters have written they "haven't received FULL validation of their debt" and they're going to "sue", when in fact, under FEDERAL precedent, they've received ADEQUATE responses. To add insult to injury, the specific case is even memorialized in an ARCHIVED post CAPTIONED as "What is validation?" (as though it WERE gospel truth). It is a disservice to a consumer who comes here, reads that archive, disputes their debt, receives a reply from a debt collector that is LEGALLY adequate, but as a consequence of misinformation relied upon from here, has their "lawsuit" dismissed.
