OK, please excuse my ignorance, but this is actually the very first time I have ever had to send a Validation Request to a CA, so I need to ask some really basic questions. The collection account in question just appeared on my credit report for a pager service I had cancelled a year ago. Apparently, the OC continued to bill me after I had cancelled and sent me a statement that I never received (for $9.99) because I had moved to a new address. Fast forward a few months later, and some CA on the opposite coast is after me for a whopping $29. My EX credit report was immaculate with a 750+ score before this collection appeared. I'm livid and I've decided to go for the jugular (if I can). I've already sent the CA a crrr Validation Letter. Here are my questions: 1) Are they obligated to mark the collection account in question as "in dispute" upon receipt of my letter? If so, how many days do they have to comply? 2) If they fail to properly answer the validation and/or fail to delete the account in question, is the OC also liable for their actions since the CA is acting to collect a debt on their behalf? 3) Are there any other potential FDCPA/FCRA violations that I should watch out for during this course of the validation process? They do not have my phone number or current address, so I don't think I will get them on any collection attempt violations. I'm sure I'll have more questions as this little battle progresses. Thanks for your input.
Yes. Sec. 807 (8) FDCPA. Doesn't give them a set time period. Thats why when you receive the green card dispute w/CRA and "lock them in". Most here will agree this is the easiest violation to catch them on. Its not in the FDCPA but the American Family Publishers consent agreement, points to that. Now, TX State law specifically says the OC is, so in my last fight (confidentiality agreement), I notified the OC of this fact. Don't underestimate them. If they placed on your CR, then they are also liable to hit you with a hard to get your current address and phone number. BTW if they pull a hard after they receive the validation, that is arguably continued collection activity. I'm sure I'll have more questions as this little battle progresses. Thanks for your input.[/QUOTE]
Well, as luck would have it I just happened to do a lot of thinking about that and I believe that it just might be a whale of a good idea to be certain that your phone number as well as your cell phone number really ought to be on all letters that you send them. Of course, you would also want to be sure that you used my list of 18 questions to ask them when and if they do get stupid enough to actually call you. That way you control the conversation and not them. Then if they are still on the line when you get done with the list just tell them that if they have something to say to you then they need to put it in a letter and send it to you by mail and hang up on them. Should not take more than a couple of calls to put and end to their calling you any more. (LOL)
