CBC collections

Discussion in 'Credit Talk' started by KHM, Nov 7, 2001.

  1. KHM

    KHM Well-Known Member

    I sent a validation letter a little while back, less than 30 days ago. I got an 'itemized bill that I requested'. I never requested an itemized bill I asked for validation. Is my next step to send another VALIDATION letter, or go straight for the estoppel?
    I also included that second form that says "your claim can not be considered if any of this form is not completed and returned with the required documents'. They sent that letter back BLANK, nothing on it.
  2. author_22

    author_22 Well-Known Member

    Go straight for the estoppel.

    I am in a similar situation now and am having a letter prepared. They didn't validate, they sent a computer printout.

    Also, if this was not sent certified/special mail, they cannot prove you got this alleged validation.
  3. MistyEyed

    MistyEyed Well-Known Member

    Well you got back more than I did. I sent two validation letters 30 days apart each, both certified and both return receipt. I never got one single response from them. I did finally dispuate with Equifax and they responded to them either. Good for me!

  4. raiderpam

    raiderpam Well-Known Member

    I also received a itemized print out from the ca and then a letter from the company that bought out saying the debt I was disputing saying they were going to validate it and take me to court for the remaining balance and they no longer needed the ca to persue the debt,
  5. bbauer

    bbauer Banned

    In the first place, the last party who claimed they bought the debt is a 3rd party collector, not the original creditor. There is one and only one original of anything and any entity after that is a 3rd party collector since the debtor is always the party of the second part. They just made their first violation of FDCPA when they threatened to sue you. It is illegal to threaten to sue without already having done so. Several courts have ruled exactly that way. So you have them on a violation right there. You should ignore their validation if you ever get it and since they sent you a demand letter, you should immediately send them a demand for validation no matter what they told you they were going to do. If they do not respond to your demand with a proper and timely validation regardless of what they might send you absent your demand for validation, they are in violation of FDCPA. You should wait until about the 28th day after receipt of their demand for payment and then send your demand for validation Certified mail Return Receipt requested.

    What will most likely happen is that they will completely ignore your demand for validation insisting that they already did, especially if they had already sent you one before the 28th day. Their failure to validate would constitute yet another violation of the law. So you have them again.

    I think you can wrap these people up so tight they can't eve wiggle and then when they are mad enough to acutally sue you and you go into court and beat them you should be able to take further legal action against them.

    Good luck and I sure hope you sack them up tight and send them packing

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