The collection agency sent my validation letter back with a handwritten note on the bottom that says "The 30 day validation perod for these accounts has long since expired. These bills are your responsibility." Thank you, xxxxxxx These are 3 medical bills, two have DLA of 4/95 and one is recent. What do I do next? They did not fill out any of the info I requested.
If the 30 days has passed, they still must validate, the difference is they can still continue with collection efforts. Send them the estoppel with a little note that you are forwarding this to your state banking dep't. or whoever handles collectors. Then do the same. You'll probably see positive results 30 days after sending the complaint to the banking dep't.
A few questions: Did you get a notice originally from the CAs stating that you have 30 days to dispute the debt, blah, blah...... I you didnâ??t then yes you can require validation. Otherwise I just don't know. I have started a thread debating this very topic. No one has yet to clarify why a CA has to validate beyond the 30 days if they were in full compliance with FDCPA in regards to original notice sent to you. There are many other angles you can go after the CA. Look up with the Secretary of State in your state and see if they are licensed to collect debt. Ask them to provide you with this proof. No proof, no debt collection One wrinkle they didnâ??t anticipate when they barked back at you. They are required as per section 623 of the Fair Credit Reporting Act to report CORRECT information on your credit reports. If they refuse to validate the debt they probably don't have the proper documentation and(or) proof of the debt. You can use this as leverage with the CRAs to show that these folks don't have proof because they are obfuscating providing you the proof. If you have already disputed the debt once, redispute and ask the CRA to provide a procedure and contact person who validated the debt. Look at the pbm letters on the site for an example. You would be amazed at what the CRA claim is validation. Electronic tape, a phone call to the effect of Equifax Clerk: "This is Equifax I am verifying a debt for Joe Shmoe, did he have an account with you" CA rep: "Yes he did" Equifax Clerk: "How much is the current balance" CA rep: "My computer says $50.00" Equifax Clerk: "Has it been paid CA rep: "No" Equifax Clerk: "Thanks for your help!" This is not an exaggeration. The CRA are in bed lock, stock and barrel with the CA/Creditors. Well off the soapbox.
LKH, What statute says you can still require validation? I have been debating B Bauer on this very issue. I want to be wrong on this
Thats it I'm moving to TX. I just called the NH SOS, and they said the ONE CA I am dealing with IS licensed (since 1937), they renew faithfully every year and they are NOT required to be bonded to do business in the state of NH. DAMN IT ALL. Question if the CA is in CA, and they are trying to collect a bill from me (NH) do they have to be registered? Even thought they PHYSICALLY aren't here? TIA! KHM
My husband's "problem" is in CA. TX says they still have to be bonded thru TX to collect a debt. Call your Secretary of State to get the answer to your question-and if that company is bonded.
They sent me their cheesy computer print outs. Nothing else. So now that my 30 days is closing in, I need to send them an estoppel letter and wait 15 more days? Then what? 3 of the c/a's have already reported on my credit-the not bonded ones-and the one on my hubbys is reported even though they are not bonded. Did I mention that experian verified the info 4/2001? I am just trying to figure out how to play this wildcard that I have been dealt? Do I write the CRB's and say they are not bonded? Or wait for the c/a's reponse to the estoppel??? Some of those tradelines have already been on my report for 3 years. SOS said she could not find the orginial name (listed on my report) or the new name- the sent a printout for proof and a memo with different name on it-and so it looks like they have never been bonded? This is so confusing????
They can not change what is. You have the proof they are not bonded and therefore, are not following the requirements of doing business in your state. It seems to me that you would send them the estopple letter now and change the 15 day requirement to comply to 5 days of the receipt of your letter. I would send it CRRR plus regular mail that you get a receipt of mailing from the post office for .50 cents. If they refuse the CRRR you have the back up of the receipt. If this is all wrong, somebody please step in! Tuit
On the other hand, if you think their will be a lawsuit filed by either you or them then I would wait to play my hand in the courtroom and would for now just send the estopple letter. Tuit
That's what I am debating. With several of these tradelines the sol is up next year. So I am debating to wait until next year that way I have a double chance to get them deleted and not worry about getting sued. I can threaten them but then they can't do nothing because the sol is up? You think that is a good idea?? And my new one's (medical) the 2 are not bonded but just put on 2 years ago...That means I'll have 2 more years??? But they are big amounts---1500 (combined) and I have 2 more just put on this year 55? and 2?? something but only one of them is bonded...of course the big one is??? ;(
Lizard- What if I sent the validation AFTER the 30 days but it isn't reporting, then they send their cheesy printout, and I ignore it and send the estoppel? The bill is $1200 med bill for my daughter. I know they don't have my SSN# OR my signature anywhere. What should I expect? What do I do if they put it on the CR? Send MY proof of them not validating? Another ? Hubby got a bill from CA (actually 3 of them) we sent the validation within 30 days, can they still report it? what if they send a printout THEN I send estoppel? can they report it then? I'm so worried about his stupid bill, I'm afraid they'll sue. KHM
Whoa! You threw that one past me pretty fast. Which section of the FDCPA states this? I think you are reading too much into section § 809. Validation of debts [15 USC 1692g]. The question is not whether you can ask for validation, but whether you can hold the CAs feet to the fire when push comes to shove, if you ask for verfication of the debt after the 30 days. Explain this to me. Why you would you be sacrificing your rights if you are asked to stay within the statutory guidlines set forth in the above name section of the FDCPA? What good would the 30 day time limit be if we could just claim "Hey Judge let's just set aside the statutory time limits, I feel my rights were violated" . Maybe I missed a provision in the FDCPA. The reason I am asking everyone to be so specific is that if we have no legal legs under us then the whole Validation/Estoppel/Demand Letter is just a house of cards. I have been to small claims court too many times, I know if you walk in there saying that it is your interpetation that statute blah, blah is such and such without an specific case citation or supporting documents the other attorney will chew you up.
