Disclaimer: I am a total rookie, and should not be confused with anyone who has the slightest idea what they are doing. I'm trying to get the best possible settlement on some old CC COs. (That is, paying something reasonably close to what I originally owed + TL deletion) For example, before I pay a dime, I need a complete, "to-the-penny", explanation of why I owe $1,216.89(!) on an original CL of $500.(!!) I have received no statements regarding my balance from anyone since the account CO'd, nor do I have a copy of the original contract - so how would I know that this amount is really "valid"? However, after reading the relevent section of the FDCPA (809) it appears that I am only entitled to the amount of the debt and the name of the creditor. Am I right? (please say it ain't so!) Sorry if this info exists somewhere on CN, I couldn't find it. Thanks, Max
#1. In need to know if the debt is really mine - probably is, but with such a huge discrepancy between what I owed when I stopped paying and what I allegedly "owe" now, how can I be sure? #2. If the debt really is mine, I need to "do the math" and know that these charges are valid according to my original signed contract. #3 Without a signed contract, how do I know that it is the one I actually agreed to, and not some other contract more favorable to the CAs cash flow? I'm not trying to evade my valid debts - but would anyone in their right mind open their wallet if some total stranger walked up to them on the street and said you owe me $1,200, pay me now? Isn't this what FDCPA(806) is supposed to be for? Max
Re: Re: How do I get a "real" validation? Isn't this what FDCPA(806) is supposed to be for? MaxedOut =============== Right and it's exactly what you don't them to send you.
Re: Re: How do I get a "real" validation? the idea is to request all of this info in hopes that they cannot provide ... therefore the must delete... you ask for a signed contract including the part that says what fees you will be paying... you ask for full accounting of your cc... you ask for proof that this ca is lawfully obliged to collect this debt on behalf of the original creditor... and if when you do this, you send the letter certified mail with return receipt... when you get your signature cards, you then dispute with cra's but if this is old stuff and no one is bothering you, i would suggest just disputing with cra's and waiting...
Re: Re: How do I get a "real" validation? Actually, they ARE bugging me (well, not at the moment, because I moved and they haven't got my new address yet - but they soon will via my CR) Of course my hope is that they WON'T be able to provide this information, but I want to "hope for the best, but prepare for the worst". Let's say they CAN'T get me what I am requesting and have to delete the relevent TL. Can't they (or someone else) still sue me? Max
Re: Re: How do I get a "real" validation? sure they can try, but if they can't prove the debt is yours... it will be a bit difficult.
Re: Re: How do I get a "real" validation? Hiya Max, Your opening post is perfectly in line with the exact reasons we need all this information. You laid out, in laymens terms, each component and the reason it's needed and the reason you have a right to have it. We've done a good deal of work on this very issue. You'll find most of your answeres here: http://consumers.creditnet.com/stra....php?s=&threadid=42188&highlight= validation But you don't want them to provide all this. Because if they can't prove the debt they must remove it. There is also the issue of SOL, (Statute of Limitations) for collection. A CC is an open account. Check your states SOL to determine whether or not they can successfully sue you. And: I was listeneing to PMSNBC the other day and they played a replay of Rumsfelds quote, while in the background, playing some silly soap opera music. The intenet naturally, was to make fun of him. The following day the email came in by the thousands ridiculing PMSNBC for ridiculing Rumsfeld. I understood perfectly what he said, as did most Americans. Lesson: Watch Fox. lol Welcome Aboard. Anyone who likes Rummy is ok with me. Study hard !!!
Butch, So what does constitute a Full Validation? I've read that the Spears case lists what does NOT consitute validation, but I get a headache when I try to read that legalese and I can't figure what those items are. Please see my post in that Validation Thread you created and in which Bill Bauer and HelpWanted made numerous replies. My big question, does Validation work/can it be done on Paid Collections, and on a County Tax dept turning over unpaid taxes of about 48 dollars to a CA. I paid the tax bill, then about a week later the CA repoted to the CRA's. ... and, can one Validate after the initial 30 days? I never got a notice, just found it out by pulling my CR. Thanks for you help and your Wonderful posts!
Let's say they CAN'T get me what I am requesting and have to delete the relevant TL. Can't they (or someone else) still sue me? MaxedOut ================= Anybody can sue anyone for anything. Winning the suit is a different matter, however. If they sue how they gonna win it without the proof? ============ About the 30 days :You always have the rite to demand proof of any debt before you pay it.
please keep in mind that even though something may be deleted from your credit file (within the sol) you still owe the money. in essence, if they can prove the account is yours (and it may not take much in small claims court) yes, you can still be sued.
Re: Re: How do I get a "real" validation? Thanks for helping my unknown unknowns become known unknowns, now, in the interest in making my known unknowns into known knowns, I have a few questions: 1. I checked the SOLs in my state, they are: Open Acct.: Reduced to writing-4 Open Acct.: No writing-2 Whats the difference? I'll continue to investigate, but at this point I'm operating on the assumption that my creditors are well within the SOL - that's why I'm shooting for a fair settlement. 2. One of my CAs is actually an attorney (really is-I checked), Do I treat him just like a CA in terms of validations/disputes? 3. Upon further reflection, I (think) I should have added a 4th point to my "real" validation request - is the CA/Attorney contacting me truly a representative of the OC, and what exactly is the relationship? What specific information should I request to determine this relationship? Thanks, Max PS Thanks for the link to the Validation thread: printed it out, reading it carefully...
Re: Re: How do I get a "real" validation? You are dealing with a CA, right? OC's (in some states) are bound by FDCPA, but not required to validate. Wasnt sure if you were dealing w/ oc or ca...forgive me...just ran out of coffee, lol. One more thing...check your state laws...there may be a provision that says they MUST validate within a certain time frame. I know this is not what we want, but after the alotted time frame, it is a violation.. For ex...in TX, if you request val;idation, the CA MUST respond to you within 30 days, no if's ands or buts. If they cant give validation within that time frame, they still must send you SOMETHING that lets you know they need more time. If they do not respond in 30 days, (once again, in TX) they have not only violated fdcpa, BUT TX DTPA laws as well...SO...always read state laws to find out all the info you can. Also, if this is a CA, check your state's and their state's bonding/licensing requirements, if any.
please keep in mind that even though something may be deleted from your credit file (within the sol) you still owe the money. kbean +++++++++++++++++ Then why was it deleted?
Re: Re: How do I get a "real" validation? in essence, if they can prove the account is yours kbean ================== Isn't that what they failed to do with validation? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: How do I get a "real" validation? One of my CAs is actually an attorney (really is-I checked), Do I treat him just like a CA in terms of validations/disputes? MaxedOut =============== Same diff. Some body said the same thing in a post the other day. THE END ** *** ** LB 59"""""""""```~~~```'"""""
Re: Re: How do I get a "real" validation? What specific information should I request to determine this relationship? MaxedOut =================== It's rite there in the validation letter. THE END ** *** ** LB 59
are you suggesting that this is a game of 'f*%# your creditors'? just because you get people on technicalities regarding accounts in an effort to repair your credit, does not mean that you do not owe the creditor... there are a myriad of reasons why tradelines are deleted...just because something is not on your credit report, it does not mean that you are not bound... i don't want to play the moral violin, but i think too many people think that credit repair is geared toward evading debts.
