Need a little advice on apt debt...

Discussion in 'Credit Talk' started by faztcobra, Jul 30, 2003.

  1. faztcobra

    faztcobra Well-Known Member

    I've searched over the validation letters but didn't see one that was really worded toward my situation. I was in an apartment back in June of '97 to Jan '98. To make a long story short, I moved out a little early without getting in writing that I was off the lease. The roommate ended up swiping the washer and dryer and caused some damage to the apt that end up in $1400+ going to a CA. Now that I'm looking for a home, I've got to clear this amount up with the CA before I can close. I spoke to the old complex in person attempting to resolve the situation. They said that they couldnt really work with me since it was with a CA. I did get a little more information out of them though. They stated that they purged ALL their records every 3 years. That was the only thing I really needed to hear. I'm thinking at this point that I can try to get them to validate the debt or, reaching a little far now, that I ever lived there. I'm really only concerned with the debt though. So what if they could prove that I lived there. I think it might be a little trouble for them to find a copy of the lease(unless the CA has it) and prove it and that would give me a good chance of getting it deleted. Any opinions on this situation? Also, can anyone point me in the right direction letter wise? I searched the sample letters, but didn't find anything that I thought met my needs.

    Thanks,
    Marc
     
  2. iambroke

    iambroke Well-Known Member

    Don't you have to seek validation from the CA, not the OC?
     
  3. faztcobra

    faztcobra Well-Known Member

    Just maybe. That's why I ask advice on here. I don't always have my facts straight. Anyone else care to chime in?
     
  4. galabar

    galabar Banned

    Offer to pay for the portion that you are responsible for?

    --Galabar
     
  5. please

    please Member

    send the CA a validation, and dispute with the CRA, so that you can get them on a host of violations, and negotiate the deletion. Its evident the OC dosent even care anymore, since its out of there hands, make the CA show you how and why you owe them.

    Good luck!
     
  6. lbrown59

    lbrown59 Well-Known Member

    send the CA a validation, and dispute with the CRA, so that you can get them on a host of violations, and negotiate the deletion. Its evident the OC dosent even care anymore, since its out of there hands, make the CA show you how and why you owe them.
    please
    =================
    EXACTLY
    faztcobra Needs to send the ca the following.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Here is the Validation Letter you want to send.
    Don't make any changes on it and don't hand sign it.

    Your Name
    Address
    City State Zip

    Company
    Address
    City State Zip

    Date

    RE: Account #_________/Original Creditorâ??s Name

    Dear Sir/Madame:

    Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

    Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

    You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

    Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

    Sincerely,


    Your Name don't sign


    - - - Include the following on a separate sheet of paper - - -


    CREDITOR DISCLOSURE STATEMENT



    Name and Address of Collector (assignee): _________________________

    Name and Address of Debtor: ____________________________________

    Account Number(s): ____________________________________________

    What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

    Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

    Has the purported balanced of this account been used in any tax deduction claim? YES/NO

    Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


    Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

    ________________________________
    Authorized signature for Collector

    Date_______/_______/_______

    Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

    """""""""```~~~```'"""""""""
     

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