I recently sent validation and a disclosure statement for the collection agency to fill out and two have sent me letters, one says they are still investigating and they will wave further action but if they find the info they will send it continue further collection. The other sent me an account statement to justify the debt, but neither sent me the disclosure statement that I asked them to fill out. What is my next move and will I have legal action if they don't respond with the disclosure letter I asked them to fill out. I think I have them on the ropes.
Did they send you enough to determine whether the amount they claim is due is accurate, whether it is your debt, and whether it is within SOL?
Ontrack, They just sent an invoice with the amount my name, current address and last 4 of ssn. The debt was years ago at a different address.
Did the CA basically just send you their own statement, with nothing indicating it was obtained from the original creditor? Did you ask for, and did their response include, the name and address of the original creditor? Did you dispute the debt, and did they send you any verification of the debt obtained directly from the original creditor? http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 How many years ago was the last payment made on this account? Has it passed SOL? Has it passed the 7 year reporting period?
No they just sent they're own invoice. Neither sent me the proof I asked for in my disclosure letter. It is the law for them to send me the proof that I ask for, right? And can't I report them if they don't?
Hi Birdman, Yes! Their reply to your DV must be "responsive". : ) Edit: They are not required to send all that stuff in the "disclosure statement". ...
The best situation would be, say, if you had something from the OC, or your own records or cancelled check, indicating the debt was paid, or the amount due was different and less, or even that the OC did not consider the debt to be yours, and then they sent you their own "validation" in response to your dispute, claiming an amount due differing from that allowed by contract or accounting from the OC. The least sophisticated consumer would assume that they obtained that "validation" from the OC, as the FDCPA requires, since the CA has, in effect, represented that it is just that by sending it to you in response to your dispute. What does that make their validation? Misrepresenting the status of the debt, use of deception to collect a debt, and attempting to collect part or all of a debt that was not owed. (Systematically attempting to collect debts not owed, or from people who do not owe them, appears to be one of the main violations that trigger FTC action, as it appears to run afoul of the FTC Act as well as FDCPA.) Their initial response to your dispute was their chance to get it right, without liability for their initial error. They should not expect to get off scot free.
Butch, What I really want is the contract with a signature to prove that it is'nt mine. Don't they have to send that?
They don't have to do anything, unless you get a court to order them to do so. If it is in fact not your account, you may want to force it into court. Statements, or copies of charge slips, might also support the existence of a debt, or an agreement with a contract, even in the absense of a signed application. Statements showing providing services or billing to an address you never lived at might support your claim it is not your account, or that it is a case of identity theft.
No they are not useless. You can't make them send what you want, but you can dispute under FDCPA, and if they fail to handle your dispute properly, you may then proceed to court. They can also get a look at what you are disputing, verify the account with the original creditor, and decide whether they want to continue collecting or quit, or sell the "debt" to someone else. Likewise, if they are reporting to a CRA, you can dispute thru the CRA, and if they verify, but what they are reporting is still erroneous, you can proceed to court. Basically, unless and until you dispute, either under FDCPA with the CA, or under FCRA with the CRA, the CA can report whatever they want. In the absense of a consumer dispute, the law doesn't hold the CA liable for an error that might be due to the CRA, nor does it hold the CRA liable for what the CA is reporting. Yes, their lobbying paid off. Courts don't just decide on arbitrary disputes between two parties. To force it into court, so a judge can decide it is not your debt, you have to have an issue within the court's jurisdiction for it to decide on. The CA has one, if they think they can win, due to the alleged debt. You have one, if you exercise your rights under FDCPA or FCRA. If you don't use the dispute avenues under FDCPA, or FCRA, under what can you sue the CA, to force them to stop "collecting" or "reporting"? You would otherwise have to depend on the actions of the FTC, state AGs, or local DAs, should they consider the matter important enough to use their limited resources. But the FDCPA and the FCRA do give the consumer the right to sue directly under specific circumstances. The FDCPA, and the FCRA place specific requirements on CAs, both in terms of how they collect, how they report and ensure they are reporting accurately, and how they handle disputes. If they violate those requirements, those laws also give the consumer the specific right to take legal action in the courts. Since those laws don't just give the consumer the right to take the CA or CRA to court just because he disagrees with the CA, you have to fit your cause of action to what the law allows. At that time, the court can look at what the CA's actions were, whether they comply with law, including whether the alleged "debt" was valid, if that affects the legality of the CA's actions. The court can render a decision, including that the debt is invalid, or that payment for damages is due, and there are mechanisms thru the court to enforce that decision. End of Civics lesson. I am not an attorney.
Re: Re: validation letters Those long involved letters that ask for everything except (or sometimes including) the kitchen sink are basically a waste of time. The best validation letter is one you write, simply, in your own words. Something like "I do not understand what this debt is for, and I am requesting validation of it. Please send me proof that this is my debt and how you arrived at the amount due." You are the least sophisticated consumer, and spouting a bunch of legalese just tells them that you've gotten some letter off the internet and think you know the law. Even lawyers try to keep the language simple so that it is easily understood. And discovery, when you sue, is time enough to ask for stacks of documentation. Then they're required to provide it.
