Should I respond?

Discussion in 'Credit Talk' started by DMYZ, Sep 29, 2003.

  1. DMYZ

    DMYZ Active Member

    Hi, Im pretty new to this but I think Ive thoroughly searched for an answer to this and I cant find one exactly...

    backround;
    -I was sent a notice from a CA stating that theyve recently purchased my account from an OC
    -My last transaction with this OC happened 6 years ago this coming April
    -My original agreement with the OC was per transaction and orally over the phone, I basically authorized a check each time
    -Many of the checks they cashed against my account didn't have check numbers according to my bank statements although I had given a check number to the OC with each transaction
    -I was originally made aware that the OC believed there was an outstanding balance when they began resubmitting checks to my bank that they said had been returned and some checks that they said they had yet to ever submit even though I had authorized them moths earlier. My account was so screwed up I had to close it
    -After the account was closed for a period of time they notified me via mail that I owed them a certain amount which was supposed to be the total of the returned checks
    -I had kept bad records of my transactions with them and their unorthodox approach to cashing in my checks made it impossible to figure out if I really owed them anything without a copy of their records
    -I disputed an amount I supposedly owed to the OC over the phone and they never provided me with anything in writing that explained how they came up with the figure they say I owe
    -I sent a request for validation letter to this recent CA, asking for the name and address of the OC, a detailed list and explanation of charges, and the CA's liscence number to operate in my state. an important point; I asked them to 'verify' the debt not 'validate' by accident
    -they promptly sent me back a printout of all of the charges on my account and a seperate page listing all of my payments
    -this printout included my phone number the date time and amount for each transaction but not my name, address, nor the OC's name or address. The envelope did have the OC's info on it
    -if you add the total charges listed and the payments I made the difference I should owe is actually $300 less than what they are claiming
    -a cover page included with the print outs included my name and address, the name of the original creditor (misspelled), a short sentence explaining these are the charges or documents I requested and that if I have any further questions to contact them, signed Mr.(so and so) and a phone number

    my thoughts;
    -I do not trust the OC and think its highly likely that they made several accounting mistakes on their end, the letters I recieved from them way back claimed at least 4 different amounts owed varying from $900-$1500 depending on the letter
    -The OC reported this to TU about a year ago and said the account took place about 2 years after the last transaction and that it was still open
    -I was contacted by another CA from Canada months ago about this same debt and they said I owed $4000, these guys were notorious for unfair practices and barred from collecting in certain states, I wrote them a validation request letter and didnt hear from them again
    -I honestly do not know if I owe the OC any money at this point and after the last experince with a CA I doubt the legitimacy of these new guys
    -this new CA only provided a list that didnt even add up to what they say I owe, they didnt provide any other info I requested and obviously have yet to validate this debt, it also appears that they want me to call them, which I will never do
    -I plan on addressing the negative item by the OC on my TU report at a later time, for now I'd like to take care of this CA

    questions;
    -should I write a second letter restating what I need for validation? or should I wait to see what they do next?
    -Has the CA screwed up so bad by sending me an incomplete response that I can just rest on that?
    -am I leaving a loophole for the CA since I requested 'verification' and not 'validation'?


    ---thanks to all for reading my lengthy post and I appreciate all feedback. I hope this case can help others out as I could not find much info on how to proceed once the CA or OC makes a unfinished attempt at validating the debt.
     
  2. Flyingifr

    Flyingifr Well-Known Member

    I would send the CA a letter requesting complete VLIDATION of this debt.

    Then I would research your state's Statute of limitations. Chances are, this debt is out of Statute and if the CA sues this is an afformative defense.
     
  3. DMYZ

    DMYZ Active Member

    I believe the SOL won't expire until April
     
  4. jlynn

    jlynn Well-Known Member

    What state are you in? Don't confuse the SOL for reporting on cr's (7 years) with the SOL for legally collecting an account (varies by state).
     
  5. DMYZ

    DMYZ Active Member

    yeah its 6 years in NYS
    and that wont be until April
     
  6. lbrown59

    lbrown59 Well-Known Member

    I could not find much info on how to proceed once the CA or OC makes a unfinished attempt at validating the debt.
    DMYZ
    ================
    I have addressed this issue many times.
    Ignore the CA just like the're ignoring you?
    They are trying to throw you off the validation path with such maneuvers as this.

    Just continue with the validation process and don't fall for their curve balls such as this.
     
  7. DMYZ

    DMYZ Active Member


    the validation process, so what does that mean exactly on my end at this point?

    is there other steps I should take in this process or have I fulfilled them with my dipute letter already and youre basically saying wait for them to properly validate this?
     
  8. lbrown59

    lbrown59 Well-Known Member

    The validation process, so what does that mean exactly on my end at this point?
    Is there other steps I should take in this process or have I fulfilled them with my depute letter already and you're basically saying wait for them to properly validate this?
    DMYZ
    ==============
    Validation process
    1*Validation Letter.
    2*30 days later Estoppel Letter.
    3*15 days later ITS Letter.
     

Share This Page