Help, After reading all of the must read postâ??s and others, I still have a couple of questions. I read in â??NEVER deal w/Collection Agencyâ? that I should never talk to a CA, and that I should only send a validation letter and the follow ups to the original Validation letter I send. Well what happens when they cant validate correctly ? do they give the account back to the original creditor ? and if so- wouldnâ??t this start a lawsuit from the OCâ??s end to get what money they believe I owe ? Validation- If the CA never validates and I petition the CRAâ??s to remove the negative from that account, would this also remove the account as a negative from the original creditor ? I also read its better to deal with a CA when trying to negotiate a settlement, that there is no reason for the Original Creditor to deal with me. but I also read the original creditor can keep reporting a charge off even though I settled with the CA ? BTW I have 3 charge offs and they are all within the SOL. Sorry- very confused at this time, any help would be appreciated.
Try searching for "ca wont validate", or something like that, I know these things have been covered before. Also search for posts created by want800, I've asked the same questions before and you should find the answers there. GOOD LUCK!!!!
Did you read all of this ?________----------> ****************************************************** NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ******************************************************* Give it time to sink in it takes more than one read.
If you think it's bad here visit this board http://www.fair-debt-collection.com/forum/ You hain't seen nothin yet.
If the CA cannot validate, then they must cease all collection efforts until they do validate. Many times the debt, and all rights to it, are sold to the CA. In this case the OC has no more interest in it, does not own it, and thus cannot sue you for it. If there are two distinct TL's then you must deal with them separately. How they are dealt with depends on the status of the debt..was it assigned or sold to the CA, etc? In general the OC will continue to report the account with 0$ balance, and sold / transferred to another company What you read is correct, the reasoning is contained in the answers to #1 and #2 above
Here is one example of what I mean. http://www.fair-debt-collection.com/forum/viewtopic.php?t=657&sid=aa497d40445258e23c7df770545cd25d
Thank you very much for taking the time to post ! Ok - I guess I need to find out via validation to the CA's if they were assigned or sold or do I contact the OC's and ask them ? Battle Plan is forming slowly --LOL Thank all of you again
Re: Re: Question Please Just send the CAs the Val, Letter. It takes care of if they were assigned or sold
Re: Re: Question Please Just send the CAs the Val, Letter. It takes care of if they were assigned or sold
Re: Re: Re: Question Please Is this a good Initial Validation Letter ? July 26, 2004 company xxxxxxxx xxxxxxxx Ref: ID# xxxxxxxxx Acct# xxx-xxxx-xxxx My Name My address To Whom It May Concern: This letter is being sent to you in response to the attached notice sent to me on June 29th, 2004. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for â??verificationâ? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: -What the money you say I owe is for; -Explain and show me how you calculated what you say I owe; -Provide me with copies of any papers that show I agreed to pay what you say I owe; -Provide the address and phone numbers of all previous collection agencies and original creditor for this account; -Provide me all account numbers from previous collections on this account and a complete payment history; -Provide a verification or copy of any judgment if applicable; -Provide me with a copy of the original signed credit card application; -Prove the Statute of Limitations has not expired on this account; -Show me that you are licensed to collect in my state; -Provide me with your license numbers and Registered Agent If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing, any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment . All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. Best Regards, Mr or Mrs. not happy
Re: Re: Re: Re: Question Please ~~~~~~~~~~~~~~~~~~~~~~~~ Here is the Validation Letter you want to send by CRRR. 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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^
Re: Re: Re: Re: Re: Question Please I should not put anything in about only contacting me via USPS- no phone calls ? Thank you --------
Re: Re: Re: Re: Re: Question Please I should not put anything in about only contacting me via USPS- no phone calls ? Thank you --------
I added this: Please also be advised that this letter is not only a formal dispute, but also a request that you cease and desist any and all communications and collection activities until you provide to me verification of the validity of this debt as guaranteed to me under the FDCPA. If validation does occur, then I hereby request that you only communicate with me via writing â?? no phone calls what so ever. Please be advised that you are required by law to notify all Consumer Reporting Agencies to whom you have reported this debt that this debt is disputed.
If you are within SOL, your validation letter will likely stop all collection activity, except for filing a lawsuit against you. If you are beyond SOL, you are better off sending a SOL letter.
Re: Re: Question Please Mine are still within SOL- so your saying to just let it ride for now and not validate ? I thought if they validated I would just try and work it out the best I can- if they cant I hoped to get them dropped. My accounts are approx 10-12 years old- They just went bad in the last six months. was hoping there were no original records left ? I am not in the position to settle yet. Concerned now ----------
Re: Re: Re: Question Please quote: -------------------------------------------------------------------------------- 1*Originally posted by Why Chat If you are within SOL, your validation letter will likely stop all collection activity, except for filing a lawsuit against you. 2*If you are beyond SOL, you are better off sending a SOL letter. -------------------------------------------------------------------------------- 3*Mine are still within SOL- so your saying to just let it ride for now and not validate ? learby *************** 3* I don't see where 1 says this at all.
Re: Re: Re: Question Please I was refering to the law suite part, I don't want to validate if it will bring on a law suite --- Or am I reading it wrong ? thanks for all the info guys and gals
