Is this Validation?

Discussion in 'Credit Talk' started by holis, Aug 20, 2003.

  1. holis

    holis Well-Known Member

    Ca sent back my form, unsigned / dated with some of the items not filled in, also sent what looks like computer printouts and also what looks like itemized list from the OC.

    The itemized list is a printout, and has no identifying marks to indicate it is directly from the OC.

    In addition, there is not one item with my signature.

    If this is validation, where do i go?
    If this is not validation, do i wait for the 30 days to end before sending my next response ?

    and lastly,

    -- I got green card back on 8/8/03, disputed items via cra on 8/11/03 and got incomplete validation from CA on 8/14/03.

    Does the CA have the right not to list these accounts as "IN dispute" when the CRA contacts them for verification?

    GEORGE, LBROWN etc, thank you for all your help!
  2. jam237

    jam237 Well-Known Member

    Send the form back, with a copy of the Wollman Opinion from the FTC web site; and a letter stating that their feeble attempt at improper validation is not validation in accordance with the requirements of the Fair Debts Collection Practices Act.

    And restate explicitly that anything less than complete historical documentation from the OC will not be acceptable.

    Computer printouts, itemized lists, or anything that they may have had on record before the date they received the VD requet is not acceptable.

    The Wollman Opinion clarifies that the VD requires that they contact the OC *THEN* and request the documentation from the OC, and then provide the information that the OC provides them to the alleged consumer.

    Also, chances are they already responded to the CRAs, if you receive any of the responses from the CRA before the date of the attempt at validation -- its a violation. However, the second they put the attempt at validation in the mail, they could claim the right to begin collection including reporting/verifying.

    FAX the letter stating that its not enough immediately, along with the certified mail copies.

    Do not wait the 30 days because they can now claim that they are not bound by the cease of collection activities, thats why there was a quick turn-around on the VD response.
  3. holis

    holis Well-Known Member

    Thank you!

    The good news is that I already have them on 2 counts of trying to collect via the phone during the validation period :)

    Ill gather some information and fax them later today.
  4. jam237

    jam237 Well-Known Member

    Gee, these sound like winners...

    I had a CA (RECENTLY) send a request for payment in response to my second NOTICE that their validation wasn't validation... In addition to refusing to account for the calculation of their 'interest' charges...

    Violation count 6 ;)

    The third notice is going to the two CRAs that they verified to, and to the OC... :)

    "Hello, I don't know your company, and I've never heard of your company, but XYZ Co says that I allegedly owe you money, however after I have repeatedly asked them to prove it, they have failed to provide legally adequite proof for this account, and have so far violated federal law 6 times, each time subjects them, and your company to up to $1,000.00 in damages plus my legal expenses for enforcing compliance.

    Since this account is less than $1,000.00, I highly suggest that you talk with XYZ Co and force them to comply with federal law, any violations from the date that you receive this communication will be held against your company to the fullest extent of the law."

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