No, this is not the same one I asked for advice about in another thread... :] I sent a validation letter to a creditor for a charged off account. No ca was ever involved. I received a letter from the legal department explaing what they finance, and asking me to send my id - not ID, ss no., birthday -not birthdate, etc. I know this means they are asking me to validate for them. I had included name, address and account number in my letter to them. Do I now send an estoppel letter? This debt is listed as charged off in '97. I don't know if it will verify through the cra or not. I was going to dispute it after I found out whether or not it validated. Thanks for any advice.
Original creditors are not bound by the FDCPA. You can send the estoppel to the creditor if you want, but if they don't comply that is not really a violation.
The original creditor IS bound by the FDCPA if they are actively collecting on a debt, therefore they are bound by law to comply.
The original creditor charged off the account in '97. I contacted them, does that count as actively colldecting the debt? thanks
So then I should not send the estoppel letter, correct? Do I have any options? They did not validate with the account number and address, but maybe they really would with the other info they asked for. I don't have the money to pay them right now. any ideas?
That is a good question. I don't know. Maybe you could ignore it for a while. Save some money, and then when you have something substantial offer to settle for deletion.
Thanks, Erica. I was hoping to get this off my report! It is the worst thing on the one our credit union pulls. Keeping me from getting credit with them.
I'm sorry to hear that. Maybe if you bring the letter from the creditor to the CU and explain that they can't verify that the account is yours, they will extend credit to you. What I mean is, be honest. Tell them that you intend to settle for deletion since they can't prove it, and see what they say. Can't hurt, right?
-- a key word in the definitions of "creditor" in § 803(4) and "debt collector" in § 803(6) -- CSG would be collecting its own obligations at that point and not covered by the FDCPA.
Thanks Erica and LKH. Should I send them the information they asked for to validate the debt? When I send a letter to offer settlement for deletion, what percentage of the debt should I offer to pay? My credit report shows charged off in 1997.
NO. Never send them that kind of info. They say you have an account with them, let them prove it. You can send the estoppel, but I still disagree that creditors are obligated under the FDCPA. I have posted several FTC opinion letters here in the past 2 days that clearly state that "as a creditor, handling their own accounts, they are not bound by the FDCPA
LKH, I agree, I do not want to send them any info. I just don't know what to do with them . I contacted them to see if they would validate the debt they have on my cr. I am not sure now whether they still have any records because I sent the account number from the cr and they asked for more info. I guess I will ignore them for now. I just wish I knew if they had an records. Thanks!
Oh no, don't ignore them!! Send them a nice letter explaining that you have nothing to prove, they do, and since they don't have that info about their debtor you are certainly not going to give them your info, because then they might just add this info to the account, and then where would you be? They are reporting this to a credit bureau as being your account, and if they cannot prove that it is really yours, they should certainly remove it immediately. Imply that you can't understand why they say you owe this money. But don't come right out and say it. Say something like "if you don't know the real identity of the person who owes you this money, how can you report it as mine, and trash my credit like this??"
I agree with Breeze. Don't ignore them. Do as she said and send them a nice little letter. You could also say something to the effect of, " I asked for proof of this account that you are reporting to the credit bureaus. I gave you the acct. #. If you can't find any records for me with your own acct. #, then how can you report this acct as mine to the cra's. I would appreciate your immediately removing this acct.from my cra files."
Thank you so much! I have been walking around discouraged and confused. I had this perfect little plan, and it isn't working out, just like everything else I have ever planned. I feel better now!
Don't be discouraged. There will be ups and down. It's all a game. As Saar said, persistence is the key. If 1 tactic doesn't work, try something else. I don't know how long you've been working on your rebuilding, but I started in March, 2001. I went through Junum, Lexington, a law suit and my own disputing to finally get cleaned up. Just do whatever it takes. You'll get there.
