I sent out a letter for verification of debt to this firm. I origianlly received a computer generated letter stating they has acquired this account from Asset Purchasing, LLC. I sent the letter on 2/19/02 asking for validation. A questiannaire asking for an agreement withthe client that grants autthority to collect debt, agreement that bears the signature of the alleged debtor, etc. I recieved no response within 30 days so I sent out a second letter stating they had not validated my debt within the 30 days period and they were in violation of the FDCPA and subject to fines. I received a response today stating they had just received the letter and that they no of no requirement for a collector to respond within thirdy days and if I file a lawsuite against the firm they would be forced to respond by seeking attorney's fees and costs to the masimum extent allowed by law. Now what do I do? Help.
There is no legal requirement that they validate, just that they cease collection activities if you requested validation within 30 days of their first contact. Send a C&D letter, and if they have an entry on your credit report, tell them to get it off or you will sue them. They are bluffing you.
I thought they had to supply us with the original creditor info. We didn't sign contract with them, but with Next Card. So I should send a c&d to Stewart? They did not even send the letter certified.
They only need to supply it if they do not remove the collection account from your credit report. If they do not supply it, and do not remove the account, then yes they are violating the FCRA and FDCPA. If they simply remove the account, then no, they do not need to supply you with validation. Bottom line, you want the account gone, you'd rather they not be able to validate, then be able to.
I should send a C & D Letter then? I got info from another credit repair board. Obviously incorrect info there.
http://www.creditinfocenter.com Read the process she states on validating debts crom ca's. And her sample letters
what the FTC says about this... http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm III. "Is it permissible under the FDCPA to cease collection of a debt rather than respond to a written dispute from a consumer received during the 30-day validation period?" Yes. There is nothing in the FDCPA that requires a debt collector to continue collecting a debt after a written dispute is received. Further, there is nothing in the FDCPA that requires a response to a written dispute if the debt collector chooses to abandon its collection effort with respect to the debt at issue. See Smith v. Transworld Systems, Inc., 953 F.2d 1025, 1032 (6th Cir. 1992). IV. "Would the following action by a debt collector constitute continued collection activity under § 1692g(b): reporting a charged-off consumer debt to a consumer reporting agency as disputed in accordance with § 1692e(8), when the debt collector became aware of the dispute when the consumer sent a written dispute to the debt collector during the 30-day validation period, and no verification of the debt has been provided by the debt collector?" Yes. As stated in our answer to Question II, we view reporting to a consumer reporting agency as a collection activity prohibited by § 1692g(b) after a written dispute is received and no verification has been provided. Again, however, a debt collector must report a dispute received after a debt has been reported under § 1692e(8).
I think you misunderstood what Kristy was saying - it's a complicated subject, and it's hard to take it all in at first. This is what she says (and it is what we are saying): http://www.creditinfocenter.com/rebuild/debt_validation.shtml So, if they don't validate (verify) they must cease collection activity - and that includes removing the entry from your credit report. Kristy is a regular here. Maybe she will pop in and comment on the subject since it concerns her site.
Deb: I also received a collection notice from S & A on what appears to be a phoney attorney letterhead. No attorney signature, but usage of "I" and "my" in the letter as Stewart & Associates portends to be attorneys at law and they state that they represent Worldwide Asset Purchasing LLC to handle the collection of the alleged debt owed. I sent them a C&D letter disputing the debt and, since then, have received two letters from them of continued collection activity during the last two weeks after their returned CRRR card was returned back to me signed by someone in their office. In the initial phone call prior to sending a CRRR to them, I was called a "deadbeat" by one of their reps after I told them I was disputing the alleged debt owed. I pointed out the violation of the FDCPA to them immediately and he hung up on me quickly. My last letter from them claims that they have been authorized by their client to offer me the opportunity to settle this account for less than the balance owed. They state this after telling me they bought the debt from the OC. The OC emailed me verification the debt was sold to Worldwide. I'm not clear whether this is false and misleading information on top of the violation of the continued a collection activity after signing for the certified letter. Maybe you are having this same happening to you also.I also am a newbie who's learning from this board, so any info helping you will also help me,too.
The first letter I got was a computer generated letter with Stewart & Associates, P.C. across the the top. I sent the first letter from Kristy's site to validate the debt with the questionaire attached via certified mail return receipt. Waited 30 days and sent the second letter stating I had not received any validation of the debt and under the FDCPA that they were in violation of the and subjet to fines. I asked them to to get back with me in 15 days and got a a letter from S & A signed by any attorney (I guess it is) Richard Loudermilk (LOL). He states the way he reads the FDCPA they do not have to respond within 30 days. It was not sent certified mail. I'm not sure what to do next. C & D letter? That is my question now. Or act like I never received the letter. Not sure. All of our accounts have been charged off according to the credit report. Only 1 account is reporting from a CA. I did send a C & D letter to them. They were calling night and day and would not send any written correspondence. They said we were receiving our regular statements from the original creditor, but I asked them (the ca) to send us written communication. They never have. Yep, I'm a newbie at this.
If this is showing on your credit report, send this letter: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=85467#post85467 If not, post a copy of the letter they sent you, personal info removed and someone will help you write an answer. Weekends are kind of slow around here, you will get more help come Monday.
