I've been reading a lot over the last couple of days and as I've read about the VOD letters, it seems that some/most/all CAs get upset about receiving them and (some) start judgements. I've never sent these, but have been working to get settlements for months now. I want to now send the VOD letters. I have about 10 accounts that are with CAs. Most of the accounts are in the $2-3k range, but a couple are in the $6-8k range. My question(s) are: 1) Can I still ask for validation even though it's been months - long past the 30days? If so, do I change the wording in the sample letters(s) at all? 2) Do I send them all out at the same time or staggered? 3) If staggered, who should get them first? The highest balance cards or the lower? 4) I have a couple of accounts at the same CA. Should I send the VOD letters separately or together or does it matter? 5) If they don't respond in 30 days, I send the second letter, right? If they can't validate, then it goes back to the OC? I'm encouraged by this forum. It's been empowering to read about the success stories and the ways to combat these CAs. I've talked to some on the phone over the months, and I'm worried I've made some mistakes. I've sent offer letters (with dates and signed - that was wrong, I think?) and have settled one account ($3,000 balance for $900). I just want to get out of debt. The SOL is 6 years in my state, so I don't think I'm close on any of these. We're making huge changes on how we view/deal with money and are seeing ways to cut expenses to get these paid off as quickly as possible. It didn't happen over night, so I need to remember it will take some time. I just ran the three bureau CR and was surprised to see my scores in the 580-590 range. I still need to match up the CAs on the CR to my records and see if they're all on there. I'd appreciate any help you can provide. I know these are probably newbie questions, but we all have to start somewhere, right?
RIGHT: And here is the place to do it. *****NEW MEMBER MUST READS***** 12-25-3 What is Validation http://consumers.creditnet.com/stra....php?s=&threadid=42188&highlight= validation *** Victims of Credit Reporting *** http://members.aol.com/victcrdrpt/Score.html Rule of 72 http://consumers.creditnet.com/stra...=&threadid=39313&highlight=rule+AND+of+AND+72 Must SEE--------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 """""""""""""""""""""""""""""""""" FixYourOwnCredit! http://consumers.creditnet.com/stra...848&highlight=fix+AND+your+AND+own+AND+credit """"""""""""""""""""""""""""""""""""""""""" '''''''''' `````````` '''''''''' Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s=WhyChats statute of limitations http://community-2.webtv.net/Y-chat...ity-2.webtv.net/Y-chat/WhyChatsCredit/statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp""""```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59""""```--~~~~~~~~~--```'""'''
I do have more reading to do, and I appreciate your response including links to the standard questions, but in my reading over the last few days, I still have yet to find answers to whether I should send these all out at once (ie: Stop their ability to collect immediately) or prioritize them. And if i prioritize, should I go by the amount of hte debt or the length since last activity? Thanks
A simple rule: Do just enough so that you can ACCURATELY keep track of the process. I once had 20 validations go out (wife and I just started). I thought, no problem. And then, reality hit. As the cards came back, I was confused on my original strategy, and things started to get out of hand. In the end, I realized I needed to do one of two things: (1) Send out 3 - 4 VOD which is a good number, and stagger the next 3 - 4 about 45 days out or (2) Come up with software to track, help and basically 'remind me into success' about the progress points and where I should be. In fact, hehe, I'm working on developing said software. I plan on releasing as open source. Hope this helps, Next
Software? Open Source? Need any help? lol. Want to provide additional info? I'd be willing to help if I can. I've been writing software for a long time now...
On the question in the subject Well, what upsets the CA, is the second you send a validation letter, they have to actually *WORK* for their money. Keep in mind, that they can not file against you until *AFTER* they validate, because filing against you would be collection activity following the receipt of a validation letter, in violation of Section 809(B). I had one CA which after I allowed it nine months to provide validation, only wanted to allow me TEN DAYS to review and audit the sparse validation that they attempted to provide. Then filed, surprisingly when they got the notice from the magistrate that I intended to appear, they sold the account. I only sent them one other letter, while I was waiting, and that was because they had sent out a 'privacy' notice which included a mention of the account, so I sent a quick one line, "I have previously requested complete validation of this account, when will I be receiving it." notice... Whether you use subsequent validation letters is up to you. However, if you are nowhere close to the SOL, you may want to make a careful decision as to whether you use them... If they put obtaining your validation on the back burner, do you really want to remind them that its on the back burner while if they take it off the back burner, and provide validation they could try to sue you after they provide it. Thats just why I personally don't send out another notice until after I get a flimsy attempt at validation. And, if the CA sends a flimsy attempt at validation (incomplete, inaccurate), don't delay, write the next letter immediately. Until they've been told otherwise, they can presume that their validation was satisfactory.
You don't mention this in your post, but what sort of activity are you getting from these CAs? Are they calling and writing, or is it all quiet? My own take is to DO NOTHING on any account unless they're calling you. I would respond w/the validation. You may be able to get more time this way, and once you're past SOL you're in much better shape.
Sure, I can continue to do nothing. I sent a mini-cease and desist letter (before I found the samples here) saying they could contact me via mail only. No phone calls, etc. I wanted to keep phone calls from coming, but still wanted to settle. I'd like to get into a home in the next year or so. We sold our home about 7 months ago to take the equity and pay off some things. We liked the house but it was more than we needed, plus we weren't happy about some things with the area. We are currently renting since my FICO at the time was about 505, less than the 520 needed to get any type of mortgage. Rent is very cheap - about $1200 less than our mortgage was, so we're able to save for settlements, etc. Currently, all is pretty quiet. I get a letter from one or two companies every month - sometimes they're settlement offers (40-50%), maybe a 'payment plan' offer. For having 10+ accounts, that's not much bother. It was a lot worse a while ago. In West Virginia, the SOL is 6 years, I think. I've got a ways to go before the SOL is up. My concern is getting a mortgage again in the next year or so. We've made some bad decisions in the past and have totally revamped our finances and how we view money, so this has been a good experience in that respect. My biggest concern is getting a judgement against me since I have significant income that could be garnished. I've learned a lot since joining this network just a couple of days ago, but I'm still a little confused. If I don't request validation, then if they do sue me, I'm concerned about not having any proof. But if I do request validation, then it brings it back to the 'front burner' and back into their minds. This, as was stated above, could be reason to get it filed in the courts. So, what say ye about doing the VOD letters? Should I send them or not? I could always send letters to the CRAs to dispute the entries, right? This seems it might do the same as a VOD letter - notifying them of the account again. I received two letters from the same attorney in WV saying that they were beginning a lawsuit for the two accounts. Both accounts were my wife's only, and she doesn't work. I sent letters to validate and it's been 45 days and haven't heard from them again. Should I ignore at this point? Thanks for everyone's comments. They are very helpful and clarifying. Keep em coming!
I would wait for the validation. They're going to have to serve you before they go to court. When they do, you ask for the validation again. Keep copies of the letters as you send them. Then you can show the judge that you aren't sure they're your accounts, you've requested validation and they haven't sent it.
Sounds good. I'll wait for validation on those two accounts, but what about the others? Do I just sit on the other accounts? If I sit on them, I get served on one, do I request validation then? I'm assuming I have 30 days or so from when I get served to when I go to court? Will the judge still make them validate if I was served first? TIA
That's what I would do. If you get served, respond to them and the court if requested and say you don't recall this debt, and would like the validation.
Yes, Since you have things in the works right now Dabster, your best bet is to wait & see what happens with that. .
Sounds like a plan. If I reply to them with a letter to validate the debt (and the court), does this stay the judgement (?) until they validate? I'm assuming they would be able to validate since they're taking it to the courts, but maybe they're just taking a chance. If they DO validate, at that point, do I attempt to settle? I definitely don't want a judgement. But this seems like a bad time to try and settle since if they can validate, they've got me by the neck, and can get close to everything they're asking for...and in a year or two, the interest will have continued to pile up on the account. I'm not going to have any amunition going into the court except for my validation request, right? If they DONT validate, I know they can't sue, so that's not a problem. In that case, I just wait again and see what happens? Am I correct in assuming that this wait and see method is a hope that they'll pass the SOL so they can't collect? Sorry, but I'm not the type to sit and wait. I'd rather be attacking this problem, so I need reassurance that I'm taking the right road here. It's just somewhat counterintuitive to me to wait and see if they'll sue rather than trying to work on a settlement. As far as letters I get in the mail from CAs, do I respond to them? I got two this last week saying something to the effect, Thanks for agreeing to make regular payments on your account... This would be in response to the settlement offer letter I sent beginning of January. My guess is they're trying to get me to agree to small monthly payments. Not going to do it... so do I respond at this point or ignore them? If I respond, respond with a VOD letter? You guys/gals have been very helpful. Thank you. hompage
In West Virginia, the SOL is 6 years, . 1* Should I ignore at this point? 2*I sent letters to validate and it's been 45 days and haven't heard from them again. dabster ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <> 1*You ignore them they ignore you how does that resolve the issue? 2* You should have sent the estoppel after 30 days.
Thanks for the feedback. I know now that I should have sent a validation letter and/or estoppel. I'm wondering what I should do now. I didn't start reading this board until way after those letters were written. I think I need to send validation letters (correct me if I'm wrong) even if it's been way longer than 30 days. I'm just not sure if I should send them to the 3-4 debts that are the smallest or the largest. Anyone want to weigh in on this? Maybe it doesn't matter. Since none of the CAs are bothering me at this point, maybe I'll just pick a few. This is a wonderful board. Thanks for everything!
Per Butch (I believe this is his order); Validate After 7 days (from the date on the green card you get back when you send the validate with CRRR) - Verify with CRA. (You get at least 1 violation here) After you receive results of the verify: Estoppel (Wait 10 days after the date they receive the estoppel based on whatever your demand is in the estoppel letter) ITS Wait our the 10 days after the date they receive the ITS for them to respond to your demand and then; Go to your county courthouse Pro Se division and file on the b*stards.
MY GOD MAN I THOUGHT MY SITUATION WAS STRESSFULL!!!! I only know limited stuff about this validation process. I would wait I believe until they send something to you to warrant the validation letters. If its been a long time I'm sure they have sent something in the past. I didn't know what those letters meant that I were receiving by truck load so I chunked them. I am now currently finding out what CA has my so called account. The credit report needless to say doesn't tell me that. I know one thing though if you do decide to settle by all means please........get something stating that the account will show favorable in some fashion. If you don't you automatically reage your'e account to where you have to suffer another 7 years of hell!!!!!!
1) Can I still ask for validation even though it's been months - long past the 30days? If so, *do I change the wording in the sample letters(s) at all? 2) Do I send them all out at the same time or staggered? 4) I have a couple of accounts at the same CA. Should I send the VOD letters separately or together or does it matter? 5) If they don't respond in 30 days, I send the second letter, right? 6*If they can't validate, then it goes back to the OC 7*I've talked to some on the phone over the months, and I'm worried I've made some mistakes. 8*have settled one account ($3,000 balance for $900). 9*I just want to get out of debt. dabster *********************** *1Yes. *No 2* 3* 4*I would send separately 5*My second letter is estoppel. 6*No ! Where did you get that idea? 7*That's a good place to make them. 8*Hope it included deletion off your reports. 9* There is a right and a wrong way to do it. ><- <>- ><- <> ><- <>- ><- <>
1* I would wait I believe until they send something to you to warrant the validation letters. 2*I am now currently finding out what CA has my so called account. 3*....get something stating that the account will show favorable in some fashion. 4**f you don't you automatically reage your'e account to where you have to suffer another 7 years of hell!!!!!! johngreene ===================== 1*If it's on your reports It warrants that. 2*Don't worry about which one send all the CAs the V.L. 3*No get deletion in writing. 4*Wrong that don't extend the 7 year clock ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
