It is the same debt we having been talking about. I do not have more than one debt.it just has been going from one collection agency to another. Do you think just writing couple of numbere on a pice of paper with account number will proove to me that owne a debt to some collection. I know that I have to validate the debt every time a collection takes over,but I have never seeing something like this a piece paper with a couple numbers. thanks
OK, so you have one loan that's been charged off and then sold to various collection agencies. None of them are reporting anything on your credit reports at all, but don't you still have a BK on your reports? And yes, it's a gray area, but the document they sent you with the OC's name, account number, and amount owed is probably sufficient validation of the debt.
The document the send me was a blank paper that the typed on it a balance and account number,and it has nothing on it that show it came from the original creditor.Any body can typ on a paper. Any way I just want to make sure on how to validate because that paper the send me it just noting to me. yeah i still have the BK on my report,and I wish I can make it go way there only 2 years left on it to go way.Is there way to take it off before. I want to ask you also since the original not reporting any thing now can I dispute it,and try to take off my creit report? Thanks
Unfortunately, the FDCPA doesn't define what constitutes sufficient DV. Some courts have taken a stance in the past that proper DV involves nothing more than the CA confirming in writing that the amount demanded is what the creditor claims is owed. So, basically the standard is quite low. If the OC isn't reporting anything, what is there to dispute and remove? I'm not following your question. BK's are public record, so there's really not much you can do with that other than wait it out.
The original stop reporting since March,and I dont know why. If they are not reporting Do you think I can I try to remove them of my credit report because it looks like negatif mark on my credit.? I also think they stop reporting because the sold the debt,but I am not sure no body reporting yet.
I'm sorry- having a difficult time following your question again. If the OC isn't reporting anything, what is there to remove or dispute from your credit reports?
What I want it to say is I would like to remove the entire account out of my credit report meaning the name of the originale creditor and all the month that they were reporting it on my report from before antill March of this year 2011 because that when they stop reporting. On my credit report it still show the name of the original creditor and months that they were reporting. I know it saiying on the report that this account will go off the credit report in 2015 , but I am hopping to remove it entirly since it has been charge off,and they are not reporting any more ? What you think can I remove it if I disputed or something?
It's possible. I would say dispute something inaccurate or missing about the account through the CRAs and see what happens. Who knows...you might just get lucky.
Hi Can I validate the debt again? I did validated it about 6 month a go. I recived another letter from a collection trying to scare me. Thanks
No, didn't. When I send a letter to validate the debtThey responded,but they nenver send me any thing from the original creditor shown that I owne the debt. now I see them on my credit report claiming the purshase the debt,and they try to scare me with a letter telling me I have to call them,or i have to deal with attorney,and this and that. I dont owne them any thing even if I did it is between me and the original. Can I validate the debt again? Can I disput them with credit report? What can I do next? Thanks
What exactly did they send you in their response? While it would be nice if every CA sent OC documents as proof, what they sent you might have been good enough to satisfy the DV requirements in a court of law. It's kind of a gray area, so it would be helpful to know exactly what they sent you as proof you owe them the debt. Regarding disputing through the CRAs, it's always a good idea to do that if you believe this debt is not yours.
Well, that is something. Did they provide any sort of breakdown regarding how much you owe? There have been cases (Chaudry vs.Gallerizo for example) that basically ruled the following: â??Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt.â? Other courts haven't been so lenient, but the fact of the matter is often people expect way too much when it comes to proper debt validation.
Well, I received a letter from somone claimnig to be a attorney saying that the collection has employed him to go after me and get they money. He said I have 30 days to disput the debt,and we don't have to wait 30 to suing you ,and the court fees will be added. Any advise on what to do next? I am thinking that I need to disput the debt? is it even good idea to even try to contact them the attorney they hired? What you think I should do? Thanks for any advice
Send them a debt validation letter within the 30 day time period and await their response. How much debt are we talking about here?
You need to be careful with C&D. A COMPLETE C&D leaves only a few resolutions. (a) "hey, we're going to pound sand." (b) "we're going to sue." (c) "we're going to do some other action that we are allowed to under the law." A limited C&D on the other hand, lets them still contact you in some way, but you are telling them what means is INCONVENIENT... NOTE that word. It's inconvenient for them to call you, it's inconvenient for them to call you at work, it's inconvenient for them to send a letter to your work address, but hey, if you want to waste (what will probably soon be almost $0.70) a postage stamp, go right a head. It leaves them some option that is convenient, but neuters a lot of the most disruptive communication methods. But you don't want to mention C&D, or anything else, just say that it is INCONVENIENT to contact me in whichever means is inconvenient for you to be contacted.
Ok, I realy don't know what you saying. Do i validate the debt or not ? If yes what do I say? Do I said it inconvenient for you to contact me at any time or any where? We talking about 10,000 that turned to 14,000 with the fees or something. I think the orginal sold the account or something. Thanks
I would personally always demand validation. First, look over the letter from the attorney. Is it personally hand signed, or is it facsimile signed (or totally unsigned), it's important... The amount is high enough that it is possible that they could decide to sue. As Joshua pointed out some people's idea of what makes for validation is lofty, however Chaudry is not the blank check that collection agencies like to think that it is. The problem with giving specific verbiage is that collection agencies recognize form letters, and their trade organization has gone through most of them with a fine tooth comb. You want to make it clear that you are demanding a detailed accounting for the entire amount of the debt, including how it went from 10,000.00 to 14,000.00 (hopefully if they would sue, they would have to provide that information to the court, so that *gasp* this may be a novel concept, the court actually makes sure that the amount they are trying to sue for is valid). I was going to try to find a post of Chaudry and lost my post when I was trying to search, so I will do another post to link it when I find it.
http://consumers.creditnet.com/Disc...chaudhry-v-gallerizzo-alegis-sherm-61609.html Post #7 - explains exactly the items that Chaudry says that didn't require to be validated. (a) because they would violate attorney client privilege, or (b) hadn't occurred yet.
