I'm in collections for a long distance bill and a gas bill and want to buy some time before it gets written off on my credit. I'll have enough $$$ to pay in a couple of weeks. I posted last week about buying time and someone kindly suggested I request validation. I read Butch's excellent post on the topic and am wondering whether it applies to utilities since there is no paper contract, rather, I applied for an aco**** over the phone. Would requesting validation have any effect? And does requesting validation "stop the clock" on writing off a debt? Thanks to all! Poochie
Do you know off the top of your head what section of the FCRA I could site to prove that they have to prove I owe them money before attempting to collect the debt? Are they bound by the validation requirements of typical creditors? Thanks!!!!!
I don't, somebody else might... What PROOF is, is hard to say... Do you have PROOF that you lived at another address when the bill was issued??? NOT RESPONSIBLE PARTY???
No, I AM responsible for the debt and intend to pay in full. But I cannot pay in full right now, and don't want the accounts to get written off against my credit. So I am looking for a procedural wrench to thrust into their cogs to stop them from writing me off unti I can pay them later this month. The utility dates back to January, as does the phone bill.
Why not try calling them. If you can give them a specific date you'll pay by (instead of saying a couple of weeks) they might accomodate you. Can you offer to make a 10-20% payment now? 0
so they aren't using a CA to collect? If not, then maybe a FCBA dispute would buy you time? I'm not sure if they fall under it though..
Poochie, You don't request validation under the FCRA, it is the FDCPA. Also, in some states original creditors are not subjected to FDCPA. I know in my state, California, they are required to validate the debt. I am sure someone knows if the OC is required to validate in whatever state you reside. Anyways, here is the 411 for debt validation under FDCPA: Also, just because you live in a state that does not require OC to validate the debt, doesn't mean you still can't send in a request for validation. True, they may not have to legally validate, but sometimes **they don't that**. ~Up late wrapping Dh's Birthday presents!~
In most states, oc's do NOT fall under the FDCPA. I agree with zero. If call them before they send it to a ca and explain your situation, offering payment on an exact date, they will most likely give you that chance. After all, all they want is to get paid.
