I sent Ashwood Financial a DV letter CRRR. I got the card back saying they received the letter on 03/29/05. The problem is before I found this web site I called them and agreed to pay them $81 a month for 36 months. Now I have just received a letter from them reminding me that I promised to make a payment on or before 04/25/05. That letter is dated 04/12/05. So I don't know whether to go ahead and make the payment, since it is due before the 30 days is up for the debt validation. Or wait because I don't believe the debt is accurate. That whole story is in one of previous post.
I don't think it would hurt to send them a letter and state that after your conversation with them you reviewed your files and it has come to your attention that you don't recognize the account and request validation before you actually make a payment to them. I would assume, making a/any payment would be admission that the debt it yours. You could have felt pressured by their harrassing phone call and just looked for a way to get off the phone, but now that you are in a better state of mind, and gone through YOUR files you realize maybe this isn't what you thought it was, or what it was presented as. I would definetely do it PRONTO.
I would send them a letter by CMRRR and state something like the following... Since they have not provided validation, they have not proved the debt is yours. You will not pay for any debt if you are not sure it belongs to you.
Thanks for the advice everyone. I typed up a letter along the lines of this: After having a conversation with a representative of your company it has come to my attention, that I do not recognize your current account with me. Even though I have previously made a payment I am hesitant to make any further payments until this debt is proven to be mine. I have sent a Debt Validation form to be completed on 03/29/2005. It was sent return receipt requested so I know that you have received it. I will again send another along with this letter to be completed before I send any more payments. 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 Dept Collection Practices Act, 15 USC 1692g Sec. 809. Please complete and return the attached disclosure form. I put it in the mail today. I have one more question though. Do you think that the CA will try to report me as 30 days past due since I'm not sending the payment?
If you have already made a payment, it may be too late...it depends upon the SOL laws in your state and whether or not you have tolled or reset the SOL clock. You should run this by an attorney familiar with contract law in your state
you may still, of course, request validation of the debt, and until they provide it, they cannot continue any collection activity. The worst that could happen is that the SOL for suing you for the debt has been extended. If you never bring the account current, the Date of Delinquency for remaining on your CR's will not change
I paid the one payment without first looking at my CR. I was just trying to stop the calls and letters from coming. But when I seen my report there's like a $1000 difference in the debt. The Experian report I just received has the "Status Details" as: Creditor's Statement "Now Payimg" This item was verified and updated on 5-2004. So i'll just wait and see if they reply to my 2nd DV request.
you need to send the CA the validation letter by CMRRR, then, if you hear nothing from them 30 days after they receive it, dispute their entry on the CR tradeline, hopefully they will commit some FDCPA vioations. You may be able to get some leverage this way to negotiate a better deal with them
I had already sent one DV letter CRRR. I got the green card back dated that they received it on the 03/29/2005. Then recently on 04/18/2005 I received a letter from them reminding me to pay on the 25th of April. So today I sent out another DV letter along with the paragraph I posted earlier about me not sending in another payment until the debt is verified. I also sent that letter CRRR.
