Ok, I just got back my first validation of an account. It took them almost two months. I understand that the FDCPA does not really stipulate 30 days, but the State of Texas does! Strike 1. The validation consists of 4 montly statements. That's it. Nothing else. No signed contract, no transaction summary, no signed receipt, nothing! Is that a strike 2? They have also re-aged my account, provided 3 different dates of last activity (yes, a different date for each CRA), and refused to explain why they are trying to collect a ridiculous sum of money that they can't even validate - where did they come up with that amount? Next step - a letter outlining their violations and my demand to remove the account info? More validation? Both? Or just let them know that there are several violations here (would add up to much more than they are trying to collect) and I would be willing to settle for removal and not pursue this farther? This account is past the SOL. Do they even react to these type of letters? Need a push in the right direction. Feeling a little out of my element. Just a pat on the back would be nice! Thanks!
I would not suggest jumping right into a lawsuit. Send an estoppel letter. In it, outline the fact that the SOL has expired, and they can no longer legally attempt to collect on this debt. As far as their pathetic attempt of validating the account, simply say they have failed to provide adequate validation under the FDCPA. Re-aging your account. This could be fun. Don't bother sending them copies of previous reports showing "older" drop off dates, just tell them you're aware of the fact that they have re-aged your accounts, and will go after them for those violations as well. You could also add that they are reporting inaccurate information in itself by just providing 3 different DOLA's to 3 different CRA's. (Don't tell them which is which, that's their problem) BTW, a second (30 day) validation letter is not necessary, it just creates a longer paper trail of proof of violations. From what you're telling us, you seem to have a trail a mile long already. Send the estoppel, word it well, and hopefully they'll fold like a deck of cards.
Thanks! I've got it ready and am about to fax it - yes, they provided a fax number. I outlined 8 violations and requested removal or I would file suit in small claims court. I just listed the violations and did not state what proof I have. However, I think it explains my feelings clearly regarding their attempts to collect a debt with no reaonsable nor acceptable validation. Not to worry, I kept it professional and to the point. I want to be able to present it in court, if needed. I really liked the estoppel letter on this website and inserted quite a bit of it. Here it goes!
mommyof2, You've probably faxed the letter by now, which is fine. However, I'd suggest you send it CRRR or signature confirmation through the post office as well. A fax may not be proof enough they received your letter, that is, unless you have some sort of 3rd party confirmation that the fax was indeed transmitted in whole.
