Just got back a response from a CA from my validation letter- they sent about 10 statements from 2003-2004, nothing else. should I send them the second Val letter or what- it is my understanding that they needed to enclose "all" of the things asked for in the validation letter. Thanks in advance Learby
From what they sent, is it your account, is the amount they are trying to collect correct, or can you determine this?
A proper reply to a validation is "responsive to the consumers request." Per the National Consumer Law Center. If the questions WERE RELEVENT to the account, some questions on letters Ive seen on here are mostly superfolous BS, and they did not provide answer which was "responsive to the consumer's request", then it is NOT proper validation.
It depends on what you requested in the validation letter. Did you use the sample letter which requests everything imaginable, whether its relevant or not? If yes, then they may have missed some of the relevant items in the list, as they were looking over the list of frivelous requests. Or did you request basic things such as (to use what I request as an example) - signed application and contract - all statements - complete accounting of all fees charged to the account (listed out from the FTC Commentary Section 808(1)), how those fees were ascessed, including rates, and starting and end dates for calculation, and their legality under the contract and state law.
This is the Validation letter I sent- and only got several past statements sent from the CA. XXXX, 200X XXXXXXXX XXXXXXXX XXXXXXXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXX XXXXXXXXXXXX RE: Account # XXXXXXXXXXXXX / Original Creditor : XXXXXXXXXXXXXXXXXXX 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, XXXXXXXXXXXXXXXX ------------------------------------------------------------------- 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.
Just send them a second letter indicating that they did not provide the requested information in order to validate. Ask them again to provide this information. Include a copy of the original letter (highlighting missed items is a good idea). Did they send original statements or a "computer generated" replica of the statement? Did the CA send the statement or did they have the OC send it to you? Remember, if they are collecting the debt they must show how you owe them money. Send CRR and give them 10 days to respond after receiving your letter. If the second time is not validated, send them a settlement letter (assuming they have reported to the CRA in viloation) requesting $1000 and to remove the invalid account within three days. If not, sue in small claims.
