I sent a 2nd validation letter. What I got back was a bill from the CA with all kind of added costs if I don't pay. I would like to make a offer to pay with the promise in writting from them to delete. Can I use the law that they broke to my advantage? Anyone have a sample letter I could use?
Fuba, the answer is a loud NO, lol! The validation track is a different approach than the negotiation track. You shouldn't blend the two. When you request validation, you're saying, "Hey, prove to me that this debt is mine." When you negotiate, you're saying, "Ok, this debt may well be mine, although I'm not entirely positive, so how about we negotiate ourselves out of this problem." I would suggest that you start with validation, and stick with it -- don't blink. Then, ultimately, if the creditor actually does come up with lawful validation, you can always switch to negotiation at that point. Remember that you're hoping that they DON'T provide the validation you're requesting, lol. You WANT them to have difficulty coming up with it. That's not when to switch to negotiation. Instead, that's the point at which you keep the heat on. So, if they ignore your first request for validation, then you send the next letter in the series as tmitchell suggested -- validation #1, validation #2, estoppel #1, perhaps even an estoppel #2, then an intent to sue, then maybe Christi's 48-Hour intent to sue, and then a small claims lawsuit. By that point, if they haven't cried uncle, you've papertrailed them in a series of FDCPA violations. On the other hand, if they ultimately DO come up with validation, then, yeah, switching to negotiation may be the path you want to take. Just don't let them throw some garbage at you and claim that it's validation. Keep us posted on the board, and you're sure to get good advice regarding whatever they do (or don't) send. Hope this helps. Doc
I agree with everything said above with the exception of sending so many letters. My belief, and I always followed this myself, was to send the validation. In 31 days send the estoppel. Give them 25 days, and then send the intent to sue. I think if they cannot provide any proof in 45 days, chances are there isn't any. Why keep giving them more time. If you send validation 1 and 2, then estoppel, then intent, you've already taken 3 months or more. With the validation and estoppel, you have given ample time and you still have a paper trail. Just my opinion.
