I have 2 CO's that have been sold to CA's. Both CA's sent me collection letters req payment and giving me 30 days to respond. This I did with validation letters to both via CRRR. OK here's what needs clarification. Neither of these have reported to my CR yet. My tradlines with the OC read "charged off as a bad debt, transferred or sold" they also show 0 balances. I am about halfway thru the 30 days to wait for verification. I believe the next step is Estoppel letters to the CA's. But really I can't ask for deletion when the CA's haven't reported. What I want is for the OC's neg TL to be deleted. So what should I send the OC if the CA doesn't verify? Should I try disputing with the CRA as NOT MINE or should I send verification to the OC as well and a C & D to the CA. Or should I simply send a letter to the OC stating debt has not been verified please remove neg TL. (Of course what motivation could they possibly have for doing this!? LOL) Any help appreciated. I'm one confused Tooth!
Since the CA isn't reporting, I wouldn't interact with them at all. (If they begin collection proceedings, then that would be a different story of course, in which case I would begin with validation requests, etc.) While it's true that the original creditor is not required to validate, there is no harm in approaching them as if they are required to validate. The truth is that this issue is a bit more complicated than "yes" or "no"... While an OC isn't required to validate under the FDCPA (or anything else under the FDCPA for that matter), they DO have a duty to you under the Fair Credit Billing Act (FCBA) and the Truth in Lending Act (TILA). Those duties include billing you correctly, in a timely manner, to the correct address, etc. If you doubt that any of that was done correctly, you can request detailed documentation (which is essentially much like validation). For that reason, I would recommend that you fire off a validation request to the original creditor. While no technique works 100% of the time, we have seen some successes here vis-a-vis validation requests and OCs. Just hammer away at them -- validation, estoppel, intent to sue, etc. Your goal in this case may not be the courtroom; rather, your hope is that they will tire of you and delete. They have already apparently sold your debt to someone else (the CA), so you don't risk them reopening the collection process. And if they did, you surely would have them on precarious and dangerous (for them) legal ground, because two different entities cannot own and collect on the the same debt. Good luck to you, and keep us posted! Doc
Thank's for the info. I unfortunately have already sent validation letters to the CA's in question. I didn't realize I could send to the OC's as well. So I suppose I should go ahead and send to the OC's. And it sounds like even if I don't hear from the CA's that I shouldn't contact them anymore is that right? One of them was calling me for a while, but has now stopped. And on a side note: Has anyone had any luck getting unpaid CO's off their CR. I'd like to know this in not in vain. Thanks again
Tooth, Doc said if they start collection activities to start validation. You did the exact right thing, since they mailed you the dunning letter. Now, they can't put it on your credit report until they validate, or it is considered continued collection activity. Your doing fine
After reading through Butch's "What Is Validation" post, I do believe I did the right thing by disputing with the CA withing the 30 days that I had to dispute, however, I am unsure if I should do anything more with the CA unless they decide to report a neg to the CRA's. What I need to work on now is getting the negs from the OC off of the CR's. Should I dispute with the CRA's or send the OC a validation letter? Perhaps if the CA's are unable to Validate then the CRA's will not receive validation either and it will get deleted? Pie in the sky hope I know. Any comments helpful. Thanks.
Re: Re: Need some Clarification I asked this question way back too. I decided, they can't do anything until they validated, and they can't put it on my credit report until they do, so why wave my hands and yell "Hello, I'm over here!", with 2nd validation requests, estoppel, etc. Needless to say, I have a drawer full of validation requests with no response, and I just hold onto them in case they decide to slam me later. Others may disagree, and I will add, that I have three unpaid OC chargeoffs that I haven't touched, and someone might explain to us why going thru the whole process is a good idea in the case where the OC is reporting.
Re: Re: Re: Need some Clarification So what do you plan to do with the unpaid OC chargeoffs. That's where I'm at as well and I don't know if I should dispute with the CRA or what. You say you haven't touched them, does that mean you plan to leave them as they are? Just curious.
Re: Re: Re: Need some Clarification My three all occurred in the past year, so I haven't even disputed them yet. One was just put on my report last week, AFTER it was sold. I'm thinking about tackling that one. Some sort of nutcase, I didn't owe you when you put in on my report blah blah...either you or the CA that bought it is lieing, and someone is going down...but, I haven't put it together yet. The other two, one is JC Penney, the other is Amex, I here Amex likes to sue. Anyway, I'm remaining quiet until I can pull the money I owe together, and then approach them. I have nothing to talk with right now LOL!
Re: Re: Re: Need some Clarification Mine just went on in Dec, both of them. Maybe I should wait for a while too before disputing. I really am sort of stuck on the next step to take. Unfortunately all of my $$ right now are earmarked for a new car in May. I'm just hoping I can get financed and not pay thru the nose!
