Okay, I need help pronto. I have been fighting with a certain CA for months now. Those who have been following my saga, know who it is. But, I'm going to leave that name off for right now. Well, here's the timeline of events: 1. March - Noticed them on my CRs 2. Sent notice of validation CRRR 3. Was ignored. Sent second notice via e-mail May. 4. Was ignored again. Sent e-mail to presidents. Was still ignored. 5. Carbon Copied CA on letter I intend to send to AG. 6. Was sent a letter stating that: "We have not obligation to provide validation of the debt at the time since your request is well past the 30 day time fram that the FDCPA provides." WTF? I never lose my right to validation per the FCRA. If they are reporting inaccurate information, they are supposed to prove that you owe the debt, no? Furthermore, the FDCPA states that failure to respond does not constitute that you owe the debt. I do not owe this debt. I never received the first letter. I only received something from this company after I sent them a validation letter. I can prove I never received the letter from them. They sent me a letter of settlement, in lieu of validation. Basically, they are trying to skirt around all the violations by stating that they never had to validate in the first place. I need to show them that they have to validate so I can stick them with these violations. HELP ME PLEASE!!! i
I would look up the violations and send them a copy of the Wollman letter registered receipt and see what they do. See what the others say I am on the new side.
Damn that. Sue them. They should back up quick enough after being served. Not for nothing, did you actually send the letter the AG? If not, send it NOW. You've got them on 2 violations that I can see just from this post. I doubt that the debt is worth the $2,000 just for those.
Thanks for the responses... The thing is, I can't sue right now. I'm out of the country, so I need to deal with them by being very threatening... I need to show them that I can still validate and, in effect, throw their argument that they don't have to validate out the window.
When you get an idiot CA who refuses to follow the law, then send a C&D. Just shut them down and stop wasting your time trying to teach them the law. That is not your job. It is like trying to teach a a pig to sing. It just wastes your time and irritates the pig.
Here is the letter that I wrote in response. Please make comments. Am I leaving something out, do I need to add something? Dear Mr. XXXXXXXX Thank you for your response to my letter. I have read through it and have determined that you did not answer my questions or acknowledge my request for validation. Your attempts to avoid providing any evidence of this account astounds me. In your letter you state that you have no obligation to provide validation of the debt at this time since my request is well past the 30-day time frame the FDCPA provides. I was never sent an initial letter in July 2001, the date you state in your letter. Thus, I requesting the following: ¨ I would like some proof that you sent me an initial letter letting me know my rights. ¨ I would also like some proof that it was delivered to me. IF you did send the letter, you did not make an honest attempt to locate me and let me know of this debt. I never knew of this debt until March 2002 when I looked at my credit reports for the first time. At this time, I would like to point out that I never lose my right to validate a debt. The FDPCA states that if a consumer does not respond within the 30-day time limit, the collector may determine the account as valid. However, it also clearly states that "the failure or a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer." A non-response does not mean that I have admitted to owing this debt. Instead of sending any sort of validation, you sent a settlement letter to my home address. The letter was received on May 28, 2002. Per the FCRA, I have the right to request that furnisher's of information to my credit reports validate all of the information reported. In light of your failure to provide any documentation requested in my letter within the 30-day time limit provided by law [Fair Credit Reporting Act, 15 USC Sec 611 (a)(1)] to investigate my dispute claim, I requested that you completely cease any and all collection on this unverifiable debt. I also requested that you remove any listing referring to your organization from all consumer agencies that you report to. Needless to say, I was subsequently ignored by your organization until I sent you the complaint I intend to send to regulating agencies. Sending me a letter stating that you have some "electronic" evidence that this debt is mine is clearly not proper validation. I am past requesting validation. I want this unverifiable account off of my report. I would like to address the part in your letter where you tell me that you have noted my dispute in credit reporting. To this date, you have not. Not only do I pull my reports weekly, I have spoken to the credit reporting agencies and have been informed that you have not been in contact with them regarding noting the account in dispute. As you can tell by my previous letters, I have quite a bit of evidence demonstrating your organization's blatant disregard for the law. Your organization can make the decision on whether or not you feel this account is worthy of me bringing this case before of a court of law. I have sent this letter Certified Return Receipt Requested. Please respond to my letter in a timely manner. I want to deal with this situation amicably and have been trying to do so for months. I'm sure that we can reach an arrangement that pleases us both. Thank you for your assistance with this matter. Sincerely, Fed up Rblues
