validation question...

Discussion in 'Credit Talk' started by tupelo, Jul 25, 2003.

  1. tupelo

    tupelo Member

    i recently recieved a settlement offer from northland group with an unusual account name. it may be an old credit card, but it may not: inwhichcase i have no idea what it is. i recently moved and so i didn't recieve their original 30 day notification letter untill 2 months later. the window to dispute before they consider it valid is long up. i would like to make them validate anyway, but am wondering am i out of luck since that window period is long over.
     
  2. SCMomof5

    SCMomof5 Well-Known Member

    DV anyway. They have no way of proving when you got your first letter so they cannot establish that 30 day dispute window. Regardless, you always have the right for them to prove that this debt belongs to you!
     
  3. lbrown59

    lbrown59 Well-Known Member

    Wish folks would get this straight once and for all there is no 30 day limit for a consumer to demand validation.

    There is a 30 day assumption for a CA to assume validity of a debt.

    Once A CA receives a validation demand all rites for them to assume are out the window regardless of when they receive it.

     
  4. lbrown59

    lbrown59 Well-Known Member

    1*the window to dispute before they consider it valid is long up.
    tupelo
    =============
    1*Well open it back up by sending them the following!
    {{{{{{{{{{{{{{{{{{{{{}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}
    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
    Address
    City State Zip

    Company
    Address
    City State Zip

    Date

    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.

    Sincerely,


    Your Name don't sign


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


    CREDITOR DISCLOSURE STATEMENT



    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

    Date_______/_______/_______

    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.

    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
    THE END ** *** ** LB 59
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    http://www.bankrate.com/brm/news/advice/20030620a1.asp

    http://www.bankrate.com/brm/news/advice/20021025c.asp

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