Validation Question

Well, I've heard that it has happened, but not that often. People have called up a CRA and told them that the CA refuses to validate, but this is after they have a lot of evidence that the CA refuses or can't validate, such as validation letters, estoppel letter, etc, etc.

But, your best bet is just to keep beating the CA to the ground. Get them in the violation spiral and then send an intent to sue. 98 times out of a hundred, THAT will get you your desired response.

 

Below is a letter I wrote last year for exactly this purpose. It worked for me and I believe a few other members used it with success. It is in the letter section here listed as debt validation 05.


«Your Name»
«Address1»
«Address2»
«City», «State» «Zip»

«Company»
«Address1»
«Address2»
«City», «State» «Zip»

«Date»

RE: Account #_________/Original Creditorâ??s Name

Dear Sir/Madame:

This is a request for deletion of a disputed item. I have attempted to have this allleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that Credit Data Southwest do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

Name of Creditor/Agency, Account #_________

On «date», «collection agency» received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, Dec. 6, 2001, they have failed to provide any proof or respond in any way.

On «date», I sent a second letter. Again, I have received no response. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter.

On «date», I sent yet another letter. Again, I received no response. Attached is a copy of that letter as well as a copy of the U.S. Post Office return receipt.

The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 4 months since it was requested.

Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again, this was not done. Another violation of the FDCPA.

As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof of its' existence as evidenced by my attached documented proof.

Sincerely,

«Signature»
«Your Name»

 

i sent a letter like this to a cra along with copies of unanswered validation letters to CA and they sent me a letter stating that it was unacceptable documentation" therefore it is not deleted and they are investigating the request, I think they will come back and tell me they verified it, when i know they cant because i couldnt get the ca's to verify to me, now I dont know what to do

 

Re: Re: Validation Question

ITS to CRA quoting the section or opinion letter which demands that the CRA accept proof from the consumer. I can't off the top of my head remember which section or letter that was. Any help from the experienced section?

I figure if they're required to accept proof from the consumer, and they refuse, a lawsuit will get the deletion and possible some $$$ also.

Just a thought.

ChrisB