what to do next for validation?

Is the printout from the ca's computers or, from the oc's computers?

 

Well, I'd assume it came from the ca's and this is not validation per the WOllman letter. They are supposed to get the documents from the OC and send them to you.

http://www.cardreport.com/laws/fdcpa/ftc-opinion/wollman.html

 

This is a bump for someone with a better idea but, I wouldn't tell them what I wanted for validation. They may just find it!

 

1*In my letter I accidentally asked them to verify the debt not validate, have I left something open?
2*Im not sure what one should typically do when the CA makes an incomplete attempt at validating.
3*maybe I should write and tell the CA what I would need exactly
4*or how about this, if I wait and they sue they wont have a case because they havent validated the debt,
5*or will they if they have the original contract etc and they just didnt send it to me
6*in the meantime if they move ahead with any collection process wouldnt that be a violation since they havent actually satisfied the validation requirements?
DMYZ
-------------------------
7*This is a bump for someone with a better idea but, I wouldn't tell them what I wanted for validation. They may just find it!
keepmine
-------------------------
========================
1* Depends on what you said in your letter.
2*Keep things on track by not letting their bs de rail you.
3*Would you call a hit man and tell him how to rub you out?
4*How do you know they won't or don't have?
5*Will they what?
6*Shure would.
7*O K all you Fords.



THE END ** *** ** LB 59
""""```--~~~~~~~~~--```'""'''

 

*95 to 99% of the time CAs can't validate so I think you are trying to cross the bridge before you get to the river.

 

************************************************************************
WXYZ Collection Agency
10 GonnaGetYou Drive
Anytown, USA
************************************************************************
Account: 1234567XXXX
Name: DMYZ
Address: 123 Any Street
Anothertown, USA
************************************************************************
01/15/2001 Charge Store ABC $ 100.00
02/02/2001 Interest $ 4.00
02/08/2001 Payment $- 25.00
02/17/2001 Charge Store DEF $ 100.00
03/02/2001 Interest $ 7.00
03/17/2001 Payment $- 25.00
03/17/2001 Late Payment Fee $ 29.00
04/15/2001 Interest $ 9.00
04/15/2001 Late Payment Fee $ 29.00
04/15/2001 Overlimit Fee $ 25.00
05/15/2001 Interest $ 12.00
05/15/2001 Late Payment Fee $ 29.00
05/15/2001 Overlimit Fee $ 25.00
06/15/2001 Interest $ 15.00
06/15/2001 Late Payment Fee $ 29.00
06/15/2001 Overlimit Fee $ 25.00
07/15/2001 Interest $ 17.00
07/15/2001 Late Payment Fee $ 29.00
07/15/2001 Overlimit Fee $ 25.00
08/15/2001 Interest $ 19.00
08/15/2001 Late Payment Fee $ 29.00
08/15/2001 Overlimit Fee $ 25.00
09/15/2001 Interest $ 22.00
09/15/2001 Late Payment Fee $ 29.00
09/15/2001 Overlimit Fee $ 25.00


You owe me money, this is an attempt to extort cash from you,
mini-miranda type stuff here.

************************************************************************

I've sent you this to show you that anyone with a PC can come up with a printout like the one the collection agency sent you, but it really doesn't validate. You need to demand proper validation, look for the "Letter to send for improper validation" You don't need to let them know what you are expecting, just let them know that it isn't proper validation. Don't assume they're going to sue you, even if they have tried to imply that in their phone calls or letters. Also check to see if the dates put it within the SOL for your state. If all they have is the printout, there isn't any judge in the world who would rule in their favor, and keep your paper trail showing that you've requested they validate the debt, and that you gave them a second chance to get the correct information to you. The proper validation they MUST send you will come directly from the original creditor.

They currently have the defence of "The consumer asked for validation, and we sent it" so until you've clearly informed them that they didn't properly validate, they can right now resume collection activity. Now after you inform them they didn't valiate, then collection activities must ceace. If they have been calling you on the phone, you can use that to your advantage, by answering the phone if they call once you've recieved the green card back. Instant $1,000 violation (don't tell them they violated and are liable for lawsuit, just take very good notes on who called, the date and time of the call, and then get the call cut short)

Just a thought.

ChrisB

 

Re: Re: what to do next for validat

Filing a lawsuit isn't considered a violation, but I doubt any CA is going to file a lawsuit if the only proof they have is a printout from their computer.

But see from my above post, the CA is currently under the impression that they validated your debt to you, and would be well within their legal rights to resume collection activities. That legal right would stop if you sent them a second validation request, showing that their first attempt was not valid. Then they must again cease all collection activity until proper validation is presented. If they then contact the OC and get you what would be considered proper validation (legible copy of original contract / application, full detail of all charges and payments) then you're stuck there. Also if they are claiming an amount owed that is anything above what the balance is based on their printouts, which might imply they are attempting to charge interest or additional fees, they better be prepaired to provide an origina contract which shows you agreed to those fees. Without an original contract signed by you agreeing to those after charge off fees, they'll have a tough time in court.

BTW, are we talking about several thousand, or just a few hundred?

ChrisB

 

You might want to use this in your letter:

http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm