Should I Send This Val Letter?

Kathy good questions.

There is NO POINT in telling them about the SOL as that is a defense you must raise in court, IF THEY BRING YOU TO COURT (sue you). So forget about a SOL letter. They will actually threaten to sue you even while you repeatedly say "past SOL, past SOL" to them over and over...its just their tactic. Also the SOL does NOT prevent them from attempting to collect on the debt, just protects you from a lawsuit (and only if you raise the SOL as a defense, in court).

Ok, so lets return to the validation question.

Since this account IS past the SOL, you have no fears of losing in court and having a judgement placed against you. Therefore this is PERFECT for the validation/dispute process. Send a strong DEMAND for proper validation that proves you owe this alleged debt, and that establishes proof of the exact amount owed. This is where you will get them because I have not seen one "proper" validation form a CA yet. They will have to contact the OC and have the complete records (signature, all the statements, and all the payments) for the account history to establish proper validation.

I would send the validation letter CRRR to the CA. When you receive the green card, send a dispute to the CRA (I would do the dispute to the CRA online to guarantee that it is entered into the system at that time/date but if you mail it, send it CRRR also).

They will either send a response or not, but post back here and let us know the results and we can help with the next steps which are Estoppel and Lawsuit (again you are past their SOL so they can not counter sue so you are safe).

Good Luck,

-Peace, Dave

 

In reality it is NOT that important, since satisfaction of proper validation is legally defined in the FDCPA.

I always keep the letter to less than 1 page, however I attach a 2nd page, a "creditor disclosure statement", where I put the following in mine (parts taken from the LizardKing validation letter):




CREDITOR DISCLOSURE STATEMENT

Name & Address of Creditor: _______________________________________________

Name of Debtor: ____________________Acct #: _______________________________

Address of Debtor: ________________________________________________________

Amount of Debt purported to be owed: _________ Date it became payable: ___________

Was this debt assigned to the collection agency or purchased? ______________________

Amount paid if purchased:_____Commission (if any) for collection of assigned debt:___

Please attach a copy of the agreement with your client that grants you the authority to collect on this alleged debt.

Please attach a copy of any agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.

Please attach copies of all statements while this account was open.

Have any insurance claims been made by any creditor regarding this account? yes / no
Have any judgments been obtained by any creditor regarding this account? yes / no

Have any negative trade lines been reported to any credit reporting agencies regarding this alleged debt? If so, please name the credit reporting agencies. _______________________________________________________________________

Please provide the name and address of the bonding agent for the collection company; CA NAME HERE. _______________________________________________________________________


____________________________________ / ________________
Authorized signature for creditor / 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


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-Peace, Dave