Validation Questions (help)

A collection agency should recieve a letter asking for validation, proof that the debt is yours. By law, they are allowed to give you the name and address of the creditor and the amount you owe. This law is quite ambiguous, but the FTC has defined in their rulings that a collector must make every attempt to validate a debt as requested by the consumer. The FDCPA is the best place to start. Go to the www.ftc.gov website and read the Fair debt collection practices act and the Fair Credit Reporting Act ( which refers to creditors). What you are looking for from a collection agency is proof that the debt is yours that would hold up in a court of law. Creditors are not held to the same scrutiny as collectors, but if you were to leave a paper trail asking for verification with the appropriate Credit Reporting Agency or Creditor and they did not comply, you would have legal standing with the creditor in a court of law. If the CRA did not verify the information as correct, they would be held responsible if they did not delete the erroneous information. CRA's are also have a responsibilty to make sure that their customers are reporting true and accurate information on consumer credit files. If you write a letter to a CRA, asking for verification due to the fact that an account is fraudulent or misleading, they must make every attempt to rectify and correct their data.

The sad part is that CRA's and Collectors abuse the law all the time by not responding or not investigating your account as you have requested. It is important to keep a good paper trail using certified letters return reciept,(and even then they may not comply). It will take persistance and and a good letter writing technique to make things happen. I would suggest studying this subject thoroughly using this website and the Federal trade commission website. DO NOT FIRE OFF LETTERS IN THE EXACT FORM THAT YOU FIND THEM ON THIS WEBSITE OR ANYWHERE ELSE. When these letters are used in duplicate by all those who are trying to accomplish the same thing you are trying to do, they become almost obsolete and very inneffective. In the business they call them form letters and they spot them a mile away. Instead, try drafting letters that are short to the point and state exactly what is wrong and why you want it to be corrected. DO not use form letters that CRA's send out. Yours will get much better results in the long run. The things to remember are that you are asking for "validation" as required by the Fair Debt collection Act from collection agencies and "verification" from credit reporiting agencies. Use all the great information from the posted form letters to create your own original letters...GOOD LUCK!!!

 

By the way Original creditors are required to follow the law according to the FCRA and how it applies to them. If they cannot provide proof of "YOU" having a contractual obligation to pay "them" anything, they would be hard pressed to get a penny out of you, unless you were willing to give it. If you have a problem with a creditor, I would try to use a simple letter writing technique, giving them 7 days to rectify the matter. I would also tell them that a failure to respond would result in you reporting them to the BBB, attorney generals office, your local conusmer action section of your newspaper and broadcast media etc.. This will usually get there attention, if it doesn't , then I would procede with your threat...