So I've been lurking for a long time, and I finally have something worth posting. I decided finally to start making an effort to get some garbage off of my credit report. I'm pushing 30, and I'd like to be able to qualify for a mortgage before I'm dead. I sent a validation letter to a CA/JDB regarding a Circuit City account that they are attempting to collect. The amount that they have listed is totally unfamiliar to me. In response to the validation request, I was very promptly sent a forgery affidavit. It seems the CA/JDB wants me to sign an affidavit stating that this account was opened without my knowledge and that I am claiming identity theft. Of course I have no intention of signing any such affidavit, since I can neither confirm nor deny the validity of the account until they provide validation. Now, here's my dilemma. I am thinking that the best course of action is to wait until the 30 day window for validation has expired, and then send them a follow up letter (Validation 2). Would this be the best thing, or would it be better for me to respond immediately stating that I cannot sign any such affidavit until I receive validation of the debt? Or should I just fold that statement into my 2nd validation request. Honestly, I am thinking that I must have them by the tail, because if they are sending me a forgery affidavit, it has to be misdirection on their part in order to avoid admitting that they cannot validate. So, what does everyone think? Has anyone else out there been sent a forgery affidavit in response to a validation request? And if so, how did you respond and what was the outcome? Thanks guys.
Did you never have a Circuit City account, or did you have one but you think there should have been no balance or the balance is wrong? If push comes to shove, how hard do you want to push? Sending an affidavit in response to a request for validation is not sending validation, nor does it verify any particular information from the original creditor about the debt In your dispute, what specific information did you request about the account? Did they send you the legally required first letter, indicating that you had the right to dispute and request validation of the debt, and that if you did not dispute within 30 days, they would assume the debt was valid?
The letter they sent didn't contain the disclaimer that it was an attempt to collect a debt and that I had 30 days to dispute, so I know the letter is invalid on it's face. As far as whether or not the account is mine, I'm not sure. I once had a Circuit City account (which is now beyond the SOL), but not for the amount they are requesting. Nor do they reference any account number that I recognize. To put it simply, I can neither confirm nor deny that this account is mine, that is why I requested validation. I'm planning to wait out the rest of the 30 days, and then send them a letter stating that they didn't send what I asked for (a complete statement of the account and confirmation that they have a right to collect, and that they have a right to do business in my state). I also intend to state in that letter that I have no intentions of returning their affidavit because until they are able to validate the account, I am unable to confirm whether or not it is mine. Does this sound like a good course of action?
A forgery affidavit is sometimes sent to divert the unsophisticated consumer from effectively disputing the validity of a debt. It in effect implies that unless you can prove the account is not yours, without any information from them, you must owe whatever they are claiming, when they have not actually provided and forwarded validation obtained from the original creditor that might substantiate the amount they are trying to collect. I would not include in your letter anything about your intentions. They are irrelevant. I would, however, not leave unchallenged their claim that the information they provided was sufficient to validate the debt. What I would do is again send them a letter, CRRR, indicating that the information they sent was not adequate to determine either that the account was even yours, or that the balance they were attempting to collect was correct, and request detailed information on the account to determine this. Request specifically that they obtain and forward from the original creditor the name of original creditor, original account number, date opened, customer name, customer billing address, and phone number when opened, copy of signed application, date and amount of last payment made, statements supporting the amount they are claiming is owed, including statement showing last payment made, an accounting for all fees and interest added after the last payment, etc.
If this was the debt you think it was, when was the last payment made, and what is the SOL for CC debt in your state? How long before it falls off your reports? What specific information on the debt did they provide, if any, in response to your request for validation? Did they provide anything other than the blank affidavit? "In response to the validation request, I was very promptly sent a forgery affidavit." Could they even have had enough time to obtain validation from the original creditor to forward to you? "The letter they sent didn't contain the disclaimer that it was an attempt to collect a debt and that I had 30 days to dispute" Sloppy, but tells you what you may be dealing with. Did their letter ask for payment?
