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Validation....time questions

Discussion in 'Credit Talk' started by donnav025, Mar 31, 2002.

  1. Mar 31, 2002 #1
    donnav025

    donnav025 Well-Known Member

    So I sent the validation letter to CA - got no response. Waited 30 days - sent the estoppel and got no response. Waited 20 days and faxed the intent to sue this past Thursday. Two days later I get a letter from the "staff attorney" saying that they have requested the validation info from the original creditor and will cease contact until it is received and sent to me.

    I am tired of waiting and hate this CA (Asset Acceptance) and am willing to take this court but can I?

    Here's the questions:

    1. Is it correct that there is no time limit set for the CA to send proof to you? Why should I continue to wait when they dragged their butts just to send me a letter almost 2 months later?

    2. If there is no time limit, what stops them from reporting this forever with "no status" and never sending you any proof that the account is yours?

    3. Do you think a judge will see that I've already given them ample time to show proof?

    I'm hoping that it won't even make it to court and that Asset will just fold. I just want to make sure I've got my facts straight before heading to small claims.
     
  3. Mar 31, 2002 #2
    LKH

    LKH Well-Known Member

    1) As long as they don't continue collection activity, there is no violation. If, it is being reported to the cra's and being updated, that is considered collection activity.

    2) What prevents them from reporting forever is they cannot update or report until they have provided validation.

    3) Maybe yes, maybe no.

    You might call the "staff atty. or send him/her a letter advising them that continued reporting of this acct. is a violation and they have xx days to remove it. If by then they haven't, then by all means go ahead and sue. But, I would try all other means prior to suing because I'm not sure that you have a strong case here.
     
  4. Apr 1, 2002 #3
    donnav025

    donnav025 Well-Known Member

    Thanks LKH and Lizardking.

    I had forgotten to mention that after my first validation letter, I disupted with the CRA's. Asset verified without responding to my letter. I sent estoppel and disputed with the CRA's again. But Asset verified without responding again. They also didn't mark my account as "in dispute" until last week.

    I'm gathering all my evidence (FTC letters, etc) just in case. But I am also drafting a letter to shoot off to the staff attorney. Maybe he'll budge.
     

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