what to do next for validation?

Discussion in 'Credit Talk' started by DMYZ, Sep 30, 2003.

  1. Butch

    Butch Well-Known Member

    Re: Re: Re: Re: what to do next for validat

    BTW DMYZ, sometimes we have no choice but to file suit ourselves. This should be sufficient to prevent them from putting it on your reports but if they do it suit time.
     
  2. DMYZ

    DMYZ Active Member

    Re: Re: Re: Re: what to do next for validat

    hey thanks again! :)
    I toned it down a bit but I think its still forceful enough
    an important point here in my original val letter I didnt actually use the word validate but verify instead
    I sent it out before I discovered this board and understood it better but actually Im still not sure what the diference is between verify and validate if there is any difference
    if you notice I use verify in the first sentence here because thats accurate and then I use validate later to make it clear what I meant
    should I leave it like that?


    On September 17, 2003, I sent you a letter in response to the two collection letters I received from your office. In my letter I requested that you properly verify the debt you claim I owe.
    In response, you mailed me a printout of what appears to be a bunch of charges along with my previous phone number.
    Following this, beginning on October 7, 2003, you left several messages at my house stating you were an â??investigatorâ? and that â??I needed to return your call TODAYâ?.
    Thinking you might be a private investigator or something, I returned your call on October 14 2003, and you made it apparent that your intention for contacting me via telephone was to continue collection activities. You told me you would be forwarding the account to your attorney and this was my last chance to pay you. You said that I â??can try and weasel out of thisâ? but that I would be sued for attorney and court fees as well as the debt.
    I am returning this inadequate attempt at validation, as insufficient. You seem to unaware of the requirements of proper validation.
    I attempted to respectfully convey to you in our conversation is that this printout of yours doesnâ??t show me anything that resolves my dispute. You nor the original creditor have yet to provide any documentation that would convince me or any consumer in my position that this isnâ??t an error or even an act of fraud. You then hung up on me as I was in mid sentence.
    Apparently you cannot be communicated with via telephone, so do not call me again. All future communication should be in writing.
    Should you attempt further inappropriate contact or attempted collection activity, I will seek remedy in court.


    so let me know Id like to get this out today if possible before too much time goes by
     
  3. crowmom

    crowmom Well-Known Member

    any updates on this?

    DMYZ?? Anything ever happen with this?
     
  4. aswatts

    aswatts Member

    any updates on this?

    Hope I don't jump onto any toes here but this whole discussion on SOL and the DOLA has me completely confused. We pulled all 3 reports for my hubby. Only Equifax had the true DOLA and was listed as that for an old account. The other two agencies have 2002/2003 dates for the "Updated" field. The loan went into default on 03/1997. Then the freaking company went belly up and filed chp. 11. Now all these years later we find out the account has been sold a total of 4 times. All with different dates.

    Am I wrong in saying that the dates for the other 2 CRA's is incorrect as well as illegal? According to the FCRA the DOLA is the date the loan went into default (plus 180 days) from the original creditor.

    And the current CA has a cease & desist order issued to them from N.C. and they jerked their business license. So where do I go from here?
     
  5. lbrown59

    lbrown59 Well-Known Member

    1*I called to find out the intention of his messages and he said he had sent the documentation as I requested and his superior was giving me one last chance to settle this before they take me to court
    I asked if he was basically calling to collect the money then and he said yes
    2*I asked if he felt that he had validated the debt and he said "what more do you need?" and what they gave me already would stand up to law
    3*Can a CA take me to court and present new documentation that he didnt share with me when I requested 2x for validation?
    in another words I guess he can do whatever he wants
    4*but the point is could it be used against me even though they chose not to present it to me when I asked for it in the interest of resolving this?
    5*If thats the case even if I lose the case I guess I would still have the right to sue the CA for continuing collection activity after they didnt validate the debt.
    right?

    6*What should I be doing in the meantime?
    send a letter outlining the fact that I requested in writing and then verbally for them to validate and they refused to send the proper info so they should cease all collection activities?
    should I mention that they are making violations or
    7*should I leave it at that and return each of their calls and write down each time they continued collection activity?
    the bottom line is that I still dont know whose mistake this is but
    8* everytime Ive asked someone to prove that they have their records right they just want to play hardball and skip that part.
    9*I might possibly owe money here but Im not paying a dime unless they can prove it because I really cant tell
    DMYZ | 29 posts since Sep 2003 64.12.96.107 | 10.14.2003 @ 14:36
    ---------------------------------------------------------------===========-------------------------.....
    1*If they don't take you to court this is a 1000 violation.
    2*Don't take his advise he's not your lawyer.
    3*Yeah but it's kinda of stupid
    4*Any judge worth his salt would throw the case out of court and rule the CA forfeit the right to ever collect on the debt.
    5* That and every other violation of your rights.
    6*Send estoppel. 15 days later intent to sue letter.
    7*Don't get on the phone with them.
    8*Wonder why ?Any clues .? Only one I can think of is they don't have anything '
    9*You have every right to the proof and they are violating those rights. Don't set still for it.

    THE END ** *** ** LB 59
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