talked to cavalry and asked about why i havent recieved validation from them. they then said that they had to order it. how can they report to cra if they dont even have proof of the debt. what can i do next.
If you haven't received validation, reporting the debt to a CRA is a collection activity that is prohibited by the FDCPA. The bad news is that you might have to take them to court to get any action. It's not like you can just call 911 and get action. The good news is that hopefully you've got all your paperwork in order to prove your case.
A quick background on validation; a true "validation" includes copies of the original contracts and statements. Most times, this paperwork is NOT delivered with the sale of the account, but is available to the collection agency. The CA must "order" the paperwork of original documents (and pay for them). So, it is a legitimate statement that the CA must "order" them. Also, was you DV request in response to their first notice of the debt? Technically, a CA "must" provide validation upon request in response to the "first notice" of debt, within 30 days of receipt of notice. If you made the request after this 30 day window, the CA does not have to provide (by law), but usually they do. It all comes down to when you requested the Debt Validation. Give them a little time, as any judge would allow them up to 45 days, especially since they have communicated that they are ordering the documents. You can write them again, stating you have not received validation, and give them another 30 days to provide, or you will proceed with legal action.
