First post and seeking some guidance

Discussion in 'Credit Talk' started by ToneyC, Jun 22, 2010.

  1. ToneyC

    ToneyC New Member

    Hello all,

    This is my first post here. I hope that everyone is doing well. I have searched this forum and read a lot of posts but I can't seem to find an answer or solution to my issue.

    I sent a debt validation letter to a CA to validate a credit card debt. They replied back with a letter that says â??please find original validation of debt that verifies the debtâ?.

    Well, the â??original validation of debtâ? that they sent me is nothing more than a piece of paper that says:

    ---- As of the date of this communication you owe XXX amount on account XXXX which is now owned by LVNV Funding LLC. Should you desire to pay off the account in full, you should contact us at 1-888-XXX-XXXX to determine the payoff balance as interest, payment, credits, fees, and/or other permissible charges can continue to cause your account balance to vary from day to day. ---

    Thatâ??s it, nothing more. There are no other accompanying documents; itâ??s simply a piece of paper with those words typed on it.

    What kind of validation is that? Is that a legitimate validation? I would say no but Iâ??m not sure. What is considered an actual validation of debt? Is it a contract with my and my wifeâ??s signatures on it?

    They sent a follow up letter stating that they have been unable to make contact with us to discuss the account. No one has tried to contract us.

    Can I send a follow up letter to dispute the validity of their so called â??validationâ??

    Has anyone dealt with this scenario before?

    Thank you for any input
     
  2. billbauer

    billbauer Well-Known Member

    Then you haven't clicked on my google docs links in the signature line of every post I make. If you had you would see that I am dealing with the exact same thing.
    That is correct. It is not a proper validation by any stretch of the imagination.
    See the decision by Judge Kenneth Minh in the case of Fields vs. Wilburlawfirm.
    No, not at all.
    Why on earth would you want to do that? Doing that would make no sense at all in my opinion
    Yes. The point is that anything they do from this point forward constitutes illegal continued collection activity and you can sue them for that and force them to go away and leave you alone.
     
  3. ToneyC

    ToneyC New Member

    Bill,

    Thank you for replying and enlightening me. You are correct in stating that I did not click on your link. I will go there and research further.

    So my next step is what? Do I need to send any other kind of letter to this CA? I'm still new to this and reading as much as I can but I'm lost as to what I'm supposed to do next.
     
  4. billbauer

    billbauer Well-Known Member

    Twiddle your thumbs, go to a dance, got to work, go to sleep, whatever. (LOL)
    No reason to do that. The ball is in their court. Let them make as many violations as they want to.
    Start learning what else they can do to violate the law and your rights.
     
  5. ToneyC

    ToneyC New Member

    Bill,

    Thank you!!

    So let me see if have this straight. Iâ??ve already sent my initial letter to validate the debt. I received a response but the CA didnâ??t provide the proper validation.

    So --- because they didnâ??t provide the proper validation --- they are now violating my rights under the FCPA rules if they send me any further correspondence?
     
  6. billbauer

    billbauer Well-Known Member

    Maybe and maybe not. For instance, if they send you a letter offering some kind of settlement without making a demand for payment that would not be a violation. Anything demanding payment or that which would constitute illegal continued collection would be a violation. There are other ways they can violate as well.
     
  7. ToneyC

    ToneyC New Member

    Thanks again Bill,

    I'll just going to standby and see if they attempt to violate my rights. I have a lot of reading to do.
     

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