validation question

With all due respect to Hal (hi, Hal! lol)... I must disagree with him on this matter. Here are a few different arguments supporting this contention:

Point 1: You don't want to request validation from everyone you can (i.e., creditor and collection agency, etc.) because, frankly, you're hoping that the validation will FAIL as it usually does. That's the whole point of requesting validation in this context. The more folks you add to the mix, the more likely it is that somebody somewhere is going to pull a signed contract out of their shorts and shout, "Voila! Here it is! It was in my shorts!" which of course is not where you want to go.

Point 2: Since it is far more likely that an original creditor can produce the original documents which gave rise to the debt in the first place, you should request validation from the collection agency.

Point 3: Since it is the collection agency who is trying to collect the debt presently, and you have never borrowed money FROM THE COLLECTION AGENCY, they're trying to collect a debt that isn't owed THEM DIRECTLY. It's an arguable legal point, I realize (and otherwise intelligent people debate this every day), but it's still a practical matter that vexes and delays the collection process. The CA can't validate your debt with them, even if they could produce documents from the original creditor. This is one of the bases of John Gliha's arguments at DueProcess.org. All of this confusion points to your need to request validation from the collection agency, since confusion at their end is a good thing, lol.

I'm sure there are other points, but you get the idea. "Covering all your bases" really means "covering all their bases" -- and that's NOT what you want to do.

Ok, I'm finished beating up Hal's otherwise good advice. I hope he forgives my ranting and raving in this instance.

Doc

 

Doc,

Remind me to never look in your shorts.

 

I agree with many of your points Doc. In reading the original post I noted that he was instructed to Pay Providian - this indicates to me that the collection agency did not purchase the debt but is contracting with Providian to do the collection for them. It may or may not be on a commission basis, in many of these cases it is a set number of accounts for a flat fee with an expected production goal.

I also took note it was Providian - and from my prior experience with an exact situation - a collection agency sending a notice to pay Providian - I used my method of sending a validation letter to both - more to save time than anything. The reason I had done so, is after calling the collection agency via telephone, I requested a copy of the Original Application proving I signed for an account and contracted for the debt. I received a reply that Providian only retains applications for 18 months, therefore no application is available for them to provide.

This is the reason I suggested it be sent to both.

 

If the account is that newly charged off I would PFB to Providian. My account is older than that (a charge off) and they pulled it back from the collection agency and are working on me to pay it out. They reduced over $200 in late and OL fees for me as well. They will re-open the account when it is paid down. They are being VERY nice and helpful to me on this.