Letter from Palisades, validation?

Discussion in 'Credit Talk' started by debtor_x, May 19, 2003.

  1. debtor_x

    debtor_x Well-Known Member

    Well I just picked up certified mail and it was from Pallisades

    For those of you that just tuned in. I sent validation request to Palisades and since then they have placed a Hard Inq. on my Experion report (the TL is currently only being reported on TU and EQ).

    They appear to be attempting to validate without actually doing it. Their letters' highlights are as follows:

    Palisades
    Re: xx bank
    Debtor ID No: xxxxxx-xx
    Total Due:$2xxx.xx

    Please be advised that this shall serve as ack for your dispute. yada yada yada.

    Palisades Cllection LLC (formerly known as Asta Funding Acq LLC.) purchased this account from XX Bank on March 27,2002. At that time,the following information was provided to us:

    OC: xx Bank
    Open Date: 12/11/96
    Chg-off date: 6/28/00


    Palisades Collection will order account documents from the original creditor. Our fraud and dispute resolution procedure requires us to request copies of your current DL , social security card, and your signature on a seperate sheet of paper. For your convenience you may fax your docs to blah, blah, blah.
    Upon reciept of your identification and the account docs we will review your file and forward the account docs to you for our inspection. Please note that it may take up to 90 days for Palisades coll to obtain the account docs.

    Please call blah blah blah.. at yada yada yada. Mon - Thurs.....


    Interesting to note that the balance has gone up about $200 above what is being reported.

    What do you guys think. Should I send them the id stuff?

    Should I fire off another letter explaining to them that they have not validated and that the continued collection activity (the Hard Inq) is illegal and I intend to sue their ass if they do not delete?

    Or wait out the disputes I have with TU and EQ to see if they will validate to them without validating to me first thereby constituting further coll activity and incuring further violations by them (make my ITS letter have more $$teeth)?

    If I wait out the 30days does this letter from them cover them in court in the event it goes that far and they validate with the CRAs?

    Am I required to send them anything?

    Oh by the way I think this debt is mine though I am unsure of $ and dates. I would really rather settle but I know how these scum suckers work and am trying for leverage for deletion.

    Thank you for your responses, DX
     
  2. boywonder

    boywonder Well-Known Member

    Don't send them a shred. They are using a tired old smoke screen. Let them validate with the CR's first and then send them a reply questioning how they validated without the info they requested. Palisades NEVER validates.
     
  3. ryder

    ryder Well-Known Member

    Try to avoid sending them a signature. CA's have been known to forge signatures.

    Don't wait. I would send them back a letter stating that the information you have already provided them is sufficient within the guidleines of the FDCPA. Let them know that they are in non-compliance of the law and that they need to either produce the documentation per the validation request or delete the account from your credit report. If you know anyone who is an attorney, it would be a big help if they wrote and sent the letter on your behalf. It would carry a lot more weight and you wouldn't have to disclose your signature.

    Oh yeah, don't forget to ask them to supply the name, phone number and address of their Agent of Service in your state while you're at it. That request always seems to get their attention.
     
  4. debtor_x

    debtor_x Well-Known Member

    Just wondering if you would expand on your opinion of sending a second letter.

    What would be the benefit of sending one right away as opposed to letting them hang themselves later?

    I am not saying one way is better than the other but I am torn between the two and really would like as many opinions on this as possible.

    thanks, DX
     
  5. lbrown59

    lbrown59 Well-Known Member

    The validation and estoppel letters take care of B.S. letters like you got from them quite nicely.
    These CA letters are nothing but smoke screens in an effort to side track confuse and throw you a curve.Don't fall for them.The best way to avoid that is to ignore them and don't respond to them.
    Also replying to them is a good way to get triped up by saying the wrong thing thereby hanging your self.
     
  6. debtor_x

    debtor_x Well-Known Member

    Re: Letter from Palisades, validati

    Thanks for settin me straight LB.
    I think that deep down I knew that but you know what, in this credit fixin emotional roller coaster I have been on its real easy to mess up.
    I almost shot off a letter today since I was home all day I was itchin to get back up to the PO since I read their letter.
    I am glad I took a deep breath and asked myself, Hey what would all the CN experts think about this?

    I am truly in this boards debt, I don't think I would have had the guts and certainly not the knowhow to embark on this course of action had it not been for you guys!

    DX
     
  7. lbrown59

    lbrown59 Well-Known Member

    Re: Letter from Palisades, validati

    What would be the benefit of sending one right away as opposed to letting them hang themselves later?
    debtor_x
    ==============
    I see no logic in running around putting out brush fires ignited by their bull sh** letters.They know the law and what's expected of them, and for the ones that don't I didn't hire on as their law professor.
     
  8. lbrown59

    lbrown59 Well-Known Member

    Re: Letter from Palisades, validati

    In this credit fixin emotional roller coaster I have been on its real easy to mess up.
    I almost shot off a letter today since I was home all day I was itching to get back up to the PO since I read their letter.
    debtor_x
    ============
    That's what these CA letters are for, to get your emotions charged up and cause you to make the wrong move.

    THE END ** *** ** LB 59
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re: Letter from Palisades, validati

    1*. Our fraud and dispute resolution procedure requires us to request copies of your current DL , social security card, and your signature on a separate sheet of paper.
    2*we will review your file and forward the account docs to you for our inspection.
    Please note that it may take up to 90 days for Palisades coll to obtain the account docs.
    3*What do you guys think. Should I send them the id stuff?
    4*Should I fire off another letter explaining to them that they have not validated and that the continued collection activity (the Hard Inq) is illegal and I intend to sue their ass if they do not delete?
    5*Or wait out the disputes I have with TU and EQ to see if they will validate to them without validating to me first thereby constituting further coll activity and incurring further violations by them (make my ITS letter have more $$teeth)?
    6*If I wait out the 30 days does this letter from them cover them in court in the event it goes that far and they validate with the CRAs?
    7*Am I required to send them anything?
    8*Oh by the way I think this debt is mine though I am unsure of $
    9*
    debtor_x
    =======================
    1*The heck with their fraud and dispute resolution procedure requirements.We're talking about their FDCPA obligations.
    2*99% of the time it takes CRAs 90 years to validate. This CRA sure is speedy aren't they?
    3*OH SURE! And while you're at it put the noose around your neck and jump off the platform too:
    4*Why? Did they hire you as their law professor?
    5*The only way to fly.
    6*99% of the time a CA can't validate so what do you think the chance of that happening is? Also it matters not if they validate with the CRAs because the law says they have to validate with you to collect.
    7* NO
    8*How much are they after?
    9*
    THE END ** *** ** LB 59
     
  10. Flyingifr

    Flyingifr Well-Known Member

    DON'T SEND THEM anything. It will be used against you.

    They didn't need your drivers license, social security card or signature to pull the hard inquiry, they don't need it tpo send you copies of documents you supposedly signed. After all, if they sue to collect they will have to produce those same documents in court.

    I would just ignore their letter asking for documents from you. Thety burden of validation is on them, not you.
     
  11. debtor_x

    debtor_x Well-Known Member

    Thanks again everyone and LB in particular.

    The debt is for around 2500 and I think I will have at least 3 violations on them by the end of this month.

    1 for the hard inq
    1 for them validating to TU
    1 for them validating to EQ.

    One good question, how does one know that the CRA actually waited for validation (or actually recived it) from the CA?

    I mean I know that some times the CRA just marks things as they see fit without following any sort of process?

    Thanks again,
    DX
     
  12. lbrown59

    lbrown59 Well-Known Member

    Palisades
    Re: xx bank
    Debtor ID No: xxxxxx-xx
    Total Due:$2xxx.xx

    Please be advised that this shall serve as ack for your dispute. yada yada yada.

    Palisades Cllection LLC (formerly known as Asta Funding Acq LLC.) purchased this account from XX Bank on March 27,2002. At that time,the following information was provided to us:

    OC: xx Bank
    Open Date: 12/11/96
    Chg-off date: 6/28/00


    Palisades Collection will order account documents from the original creditor. Our fraud and dispute resolution procedure requires us to request copies of your current DL , social security card, and your signature on a seperate sheet of paper. For your convenience you may fax your docs to blah, blah, blah.
    Upon reciept of your identification and the account docs we will review your file and forward the account docs to you for our inspection. Please note that it may take up to 90 days for Palisades coll to obtain the account docs.

    Please call blah blah blah.. at yada yada yada. Mon - Thurs.....
    debtor_x
    ===============
    *Here is another reason CAs send letters like this .

    From a former debt collection supervisor in Tacoma, Wash. *"We rely on the ignorance of the debtor."


    THE END ** *** ** LB 59
     
  13. lbrown59

    lbrown59 Well-Known Member

    Don't send them a shred. They are using a tired old smoke screen.
    1*Let them validate with the CR's first and then send them a reply questioning how they validated without the info they requested.
    boywonder
    ============
    1*I like this.

    Here is another reason why you always need to validate with a CA.
    You'll also want to keep a paper trail. File all collection letters and keep detailed notes of collection calls.

    Pretty hard to build the paper trail if you don't use and follow the validation process.
    THE END ** *** ** LB 59
     
  14. GEORGE

    GEORGE Well-Known Member

    SORRY YOU CAN'T TAKE **90** DAYS!!!
    YOUR FRAUD AND DISPUTE RESOLUTION PROCEDURE REQUIRES US TO REQUEST...sorry Charlie...AIN'T GONNA' HAPPEN!!!
     
  15. begntexs

    begntexs Well-Known Member

    Palisades has the same current information as
    ASTA FUNDING they both have the same phone number(s) and address(s) .

    DH had wanted to fax off a Memorial Day letter via fax-away to them .... He had tried to call to get their FAX number but they did not want to give it up.
     
  16. boywonder

    boywonder Well-Known Member

    It is in your best interest not to contact them until they verify the info with the CR and fail to validate with you. At this point, a follow-up letter serves one purpose--to show a judge that you exhausted all avenues in making a good faith effort to get the CA to comply. Should the CA fail to respond to your follow-up, you may use this against them in court. Rushing off to court after only one letter may make you appear "sue happy."
     
  17. begntexs

    begntexs Well-Known Member

    Boywonder are you refering to begntexs post or debtorx's post???

    In MY dh situation we have disputed with cra's 3 x's and sent 1 crrr validationletter with no response in over 90 days ( this will make the 3rd dispute with cra's this year)
     
  18. debtor_x

    debtor_x Well-Known Member

    Re: Letter from Palisades, validati

    boywonder,

    Please clarify the "at this point" in your post.

    Is that in reference to after they validate with CRAs (meanning after 30 day CRA time period)?

    Or at this point being NOW?

    By the way,
    I agree that one would not rush off to court as soon as they fail validation and "fake" validation with the CRAs

    So that said, second letter: Estoppel or ITS?.

    DX
     
  19. boywonder

    boywonder Well-Known Member

    Re: Letter from Palisades, validati

    Sorry,
    I was referring to the point after which they verify with the CRA and fail to validate with you. The motivation to send an ITS is to get a fast deletion. If you are looking to bait a trap and then haul them into court, neither the estoppel or ITS is ideal. A simple (keep it innocent sounding) letter pointing out the glaring contradiction that they verified everything with the CRA and needed none of the information for which they badgered you. The worst thing that can happen is they ignore you which means fuel for your legal fire. Best case--they repond with a really dumb, incriminating letter that you can use against them. Palisades is one of the sloppiest collection agencies around. I am convinced that small claims is a waste with them. One might feast on their missteps and mistakes in a state court and get a punitive damage award after revealling their atrocious practices. Who ever heard of juror sympathy toward an abusive collection agency?

    As for begntexas--I would send one more generic letter just to show a good faith effort on your part. If they fail to respond within 30 days--haul their @ss into court. An airtight case is a beautiful thing.
     
  20. debtor_x

    debtor_x Well-Known Member

    Re: Letter from Palisades, validati

    Boywonder,
    I am just curious,

    What about Palisades make you say that small claims is wasted on them?

    That is the venue in which I would feel most comfortable representing myself.

    Thanks,
    DX
     

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