i was making payments to a CA before i found this site . i was on an 9 payment plan and have 3 remaining. i have been advised here to stop making payments and ask for validation from CA. i have already disputed with CRA and got deletion but i am afraid it will show back up. I have modified the sample validation letter since i have already paid some on the account. could someone look over my letter and see if it looks OK?or is it too late since i am past the first 30days. I also know that they have purchased the debt from Sears if that makes any differnce? Thanks To Whom It May Concern, I have been making payments to you on my Sears account for the past 6 months in that time I have made all payments prior to the agreed time each month and this is not a refusal to continue paying, but a notice that I am disputing your claim. After speaking with a representative at the Federal Trade Commission I have been advised to seek this validation under The Fair Debt Collection Practices Act. Please complete and return the attached disclosure request . Please understand I am not asking you to verify that you have my address or account number. I am requesting a validation; that is , competent evidence that I have some contractual obligation to pay you the amount you claim. Your failure to satisfy this request within the requirements of the FDCPA will be considered as your absolute waiver of any and all claims against me and your agreement to compensate me for cost and attorneys fees.
I think the part about compensation for costs and attorney's fees should be left out if and until you have to draft an intent to sue. You have not reached that point yet. You are just asking kindly as is your legal right that they provide validation. Remember, a judge may read these letters at some point so you want to start out kind and unthreatning and escalate from there.
ok thanks have i missed my chance at validation since it's past the first 30 days (BTW i have read FDCPA i am just afraid that that is what it means)
Normally I would say no you haven't missed your chance at validation since they never send collection notices CRRR and they can't prove you got it when they say they sent it. However, since you have been paying on this account you obviosly knew it was in collection so this would probably become an issue. I am not sure where to go on this one. Can someone step in here and take a stab at this?
I would suggest jut finish paying them and then go for validation. I think if they sue you those 6 payments will be all a judge needs to validate and then, you will be dealing with a judgment. Just pay 'em off and get out of harms way and then demand validation.
As for the OC sears they are reporting 3differnt thing to each CRA. If i understand correctly even if i have to suck it up and pay the last three payments i am not sure what i should say in my validation letter to sears. i have looked at many posted here some say "not mine" inaccurate or incomplete" and some list specific items like "wrong balance" " never late" etc anyone have any suggestions that would get a deletion. i opened the account in 1989 and they sold my account to CA so i doubt they still have a copy of the contract.
Or perhaps instead of validation you should simply send a letter requesting deletion upon the last payment. This would serve your purposes as well. I would draft a letter for them to sign and return to you stating that they will delete upon receipt of the last payment. Tell them you must receive the letter back within say 15 days. Continue to pay as usual while they are within the 15 day period.
