hi people! i have read that a an oc does not have to validate. so what do you do? my hubby has a cc chardged off but i know for a fact that he never signed anything. is it true that they do not have to validate?
so how do i handle it? it was one of those secured cards where they charge the security to the card but hubby NEVER used it. when i do a search, it says 'website not responding' so i can not pull up other threads
What happened? He applied for the card, they opened the account (and billed the fees), he cancelled it, they are still holding him hostage for the startup fees?
do a search on "Original Creditor Validation" That should yield some options for your situation. humblemarc
humble when i try search it just says website not responding i've tried a dozen times. queen that basically sums it up. but the catch is he did not apply i don't think. i think they just sent the card though i could be wrong. but now they are saying he owes $1100.00 they turned it over to mitchell n. kay, i sent him a validation request he sent a letter back stating oc closed his files, please contact oc
t, click on this link: http://consumers.creditnet.com/stra...ght="original+creditor+validation"#post225226
yeah, the search is not functioning right now. when dealing with the OC, you need to site the Fair Credit Billing Act. The OC falls under similar laws of having to contact you within 30 days of "verification" and they have 60 days to resolve the dispute. if you are victim of credit fraud, you will want to state that in your "verification" letter to the OC. humblemarc
It works for me, that's how I found the link above. Here is a link to everything with "Original creditor validation" in it. http://consumers.creditnet.com/stra...id=83329&sortby=lastpost&sortorder=descending
i've been coming to this site for about 6 weeks and i have tried to use search on multiple occasions and i have never had success
You can demand account details and a signature from the OC (who was it?). Is this on your credit reports? Has the OC ever furnished info to the CRAs? If he never signed anything, the OC (and possibly the CA) are in a toilet full of trouble for trying to collect. Fraud, banking fraud, FDCPA, FCBA, etc. If you find anything juicy, be sure to file complaints with the BBB, FTC, Comptroller of Currency for the state, Attorney General, USPS PostMaster, etc. Interesting link regarding M.N. Kay and banking problems: http://www.wwco.com/~dda/firstunion.html
it is on hubby's credit reports I am pretty sure he never signed anything I can't be positive b/c it was 2 years ago. But I do know for a fact that he NEVER used the card ie; they have no signed slips or anything of that nature I believe that the application was taken over the phone therefore I am pretty sure that they do not have a signed application. Like I said as soon as I requested validation from Mitchell N. Kay, they terminated his files, they have now turned it over to Midland Credit Management. I sent them the validation within the allotted 30 days. We have recieved no response from them yet. request was sent about 1.5 weeks ago. I have'nt even recieved the green card back yet
You may be in luck then. I worked for a company that had a 3rd Party soliciting via phone and taped the acceptances. They only kept the tapes for 18 months and charged a fortune to pull a copy to verify an account activiation. Chances are, this OC has similar "sign up" practices. I would demand proof from the OC, chances are they won't be able to produce anything of any value. Then demand deletion and hubby should be home free. I would also note in your request for validation that the CA/Attorney was completely unable to validate this debt. And don't forget to file complaints and sue the bejeezus out of them when they can't produce. Who knows how many other folks they're trying this scam with. Good luck !
is it true that they do not have to validate? tnobles ================ Validate yes ***** Prove no ~~~~\\skinderflirt******
Yes, that is true. OC's are not bound by the FDCPA, therefore they do not have to validate. "Common sense is not really common" Queen ********** But they still have to furnish proof rite? skinderflirt
