To late to validate?

Discussion in 'Credit Talk' started by MED, Aug 14, 2003.

  1. MED

    MED Member

    I first spoke to the CA on, or about, 7/23. The CA is collecting for a BoA CC. They were hired by BoA. They are supposedly the "3rd line" CA? I guess this is supposed to mean that if I don't settle, BoA will turn it into something more serious? During the call, the CA offered to settle for 60% of the debt (~$3k). They will take 4 payments. I told them to send me a letter. I told them that if I did agree to it, I couldn't start until Aug. I rec'd the letter and now they are calling me again (at work) wanting the first payment. I told them I haven't agreed to the settlement offer.

    As noted in another one of my posts, the Date of Status (from Exp) is 10/01. The Date of Last Reported is 7/03. I believe the Charge-Off date was 10/01.

    Is it too late to send a validation letter to the CA? I imagine they sent a letter to my house when they first took over the account, but I don't know where it is right now.

    Also, what do I need to do to get any CA to stop calling my work number? I believe my work # shows up on at least one of the Big 3 CRAs. Though it isn't noted as a work number. Does my boss have to sent them a letter? Obviously, I would like to avoid this option. Of course, they don't know who my boss is or the person who might be signing the letter ;)
  2. lbrown59

    lbrown59 Well-Known Member

    Thanks for this excellent example of why you don't talk to CAs on the phone.

    Now get off the phone and get down to the post office with this.
    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
    City State Zip

    City State Zip


    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.


    Your Name don't sign

    - - - Include the following on a separate sheet of paper - - -


    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


    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.


  3. MED

    MED Member

  4. MED

    MED Member

    Also, I would like to turn this into a general question. I have other CA's trying to contact me (who I have NOT spoken with). But, they have been trying over 30 days and I know at least one (if not all) have sent there initial "get to know us" letter longer than 30 days ago. Is it ever to late to send validation? Based on what I have read here, I guess I can always try and see what happens.
  5. lbrown59

    lbrown59 Well-Known Member

    Re: Re: To late to validate?

    The 30 days is on CAs not you .
  6. Fluxtup

    Fluxtup Member

    Re: Re: To late to validate?

    I consider myself still new, and it annoys me when I see someone who clearly doesn't know what to do about something offer advice to others on what to do about that very thing...........BUT.....

    I've sent a few C&D (Cease and Desist) letters out to CA's, including those that are wanna-be attorneys. One of them even said he/they were "wanting to know if I was going to settle before they took it to court."

    Also, I found this particular CA on the "Bad CA List," yet, I never heard from them again. In fact, the account was handed over to another CA, so I guess my C&D was sufficient to let them know that I knew enough not to be intimidated by them. Why waste time w/ me, when so many others don't know their rights? (This CA collects millions each yr)

    From all I've read here, and combined with my limited, yet costly, experience, I've learned to NEVER EVER talk to a CA, not even to see if their "offer" is good or not. Too many LIES they've told to me and others confirm that they are NOT to be trusted one bit.

    Get rid of 'em. Send 'em a C&D letter.

    It seems that it would benefit you to peruse the "Sample Letters" thread at the top of the list, as well as read some of the other postings about stategy, etc.

    Keep us posted!
  7. bugman

    bugman Well-Known Member

    Re: Re: To late to validate?

    Do you mean the limited C & D letter? or the NO contact whatsoever letter?


  8. dixidriftr

    dixidriftr Well-Known Member

    Re: Re: Re: To late to validate?


    NEVER send a full C&D letter to a CA that is within SOL. That is the fastest way to get yourself sued.

    You can however send a limited C&D to the CA coustesy CMRRR instructing them to communicate in writing only. While your at it, include a validation letter.
  9. Butch

    Butch Well-Known Member

    Re: Re: Re: To late to validate?

    Yeah Fluxtup, we gotta be carefull about this one.

    Cutting off all communications chanels with them leaves them, by default, with only a cpl alternatives.

    Their favorite is to just sue ya.

  10. lbrown59

    lbrown59 Well-Known Member

    Re: Re: To late to validate?

    Get rid of 'em. Send 'em a C&D letter.

    A c&d won't get rid of them but it does increase the likely hood they will sue you.
    So why not use things that will get rid of them instead?
  11. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: To late to validate?

  12. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: To late to validate?

    A C and D is not a silver bullet that magically makes it go away.

    I don't understand where people folks get such an idea,
    THE END ** *** ** LB 59

Share This Page