Recently I solicited some help off the board about a letter that I could send to a creditor (collection agency, rather) who sent me an application as their validation. This doesn't prove that I charged the debt, or their accounting on the total amount due. Does anyone have any idea how to tell them that their "validation" isn't anywhere near sufficient to satisfy me? I mean, I'm having trouble drafting the letter. Thanks!
Not to scare you, but if they are able to get a copy of the original application with your signature, I would not doubt that they can also get a copy of a cancelled check that you paid to the original creditor if need be. Just be careful since they were willing to go that far...
Basically, you just need to ask them directly - Please provide me with a full accounting of the account that supports the amount you claim I owe you. That said, I'm assuming if they could provide the original application, they can probably provide you with the account details.
The debt is with a collection agency that bought the debt. It took them about 5 months to get the aplication, and I'm betting that it will take another 5 months to get the accounting together. Then the SOL to sue will be up in NY and it is already up in NC, where I am living. So either way, I have an affirmative defense. That is what I'm hoping for, here. Thanks for the replies
My ex got the same problem. Sent out validation letter, Received all statments (2 years) and copy of application form for his signature. AUX
I sent a validation letter in October, and got the application in March. The SOL to sue will be up in May for NY. I don't care if they send me the statements or not, if they send it after may 7, then I don't have to pay under the law. That is what I'm hoping for.
What if I just ignore the letter they sent me and send out an estoppel letter? Will that work? Opinions?
A signed applications proves what? That you applied for a credit card only. Does it mean you were approved? I have applied for many things, some approved some not, showing me an application means nothing, other than I filled the thing out. If you were approved and defaulted then they need to show WHEN you defaulted, BALANCES, PAYMENTS, etc. I am dealing with the same thing right now. Their validation was the application for the credit card. Big deal, I applied. The burden of proof is on them to show how much I owe, when, etc. If the best thing they can come up with is an application, I doubt they have anything else, or else they would have sent it. BTW, after my 3rd request, which I got more demanding, they called and offered a settlement. That told me, they could not prove this debt to me.
