Another Collection question

Submitted by LT on Wed, 02/18/2009 - 14:11

I sent a CA a validation letter and a cease letter telling them to stop calling me. The CA called me again, then I sent an intent to sue letter, contacted the Attorney Generals Office in their state and mine. The CA then sent a form with little information on their letter head saying they had validated the debt. They did no however send any proof that they are able to collect the debt as requested. Should I send the information to the credit bureaus their response and ask for them to remove the CA for not validating the loan and request they not sale the loan either.

Hi Lt
Just sending a letter saying that they have validated the debt is not a proper debt validation. You can send a dispute letter to the credit bureaus telling them that the CA could not validate your debt and so you do not agree with the listing. The credit bureaus will remove the CA from your report if the creditor fails to prove that they own the debt to the bureaus.

Thu, 02/19/2009 - 10:59 Permalink

If the creditor has not provided with the proof that they have purchased the debt and a copy of the original signed contract between you and the original creditor, it is not a proper debt validation. As per the Fair Debt Collection Practices Act, you can send a letter to the creditor telling them that they have violated the provisions under FDCP Act and so they should remove the listing or you will file a suit against them. After sending this letter, you can wait for 15 days for their reply and then send a dispute letter to the bureaus.

Thu, 02/19/2009 - 11:35 Permalink

Most of the time it so happens that the CA thinks that the debtor doesn't know anything about the Govt laws and just call & give trouble to the individual.

When they come to know that you are a person with the knowledge about law they won't trouble you.

Surely you can send the request to credit bureau about the CA inappropriateness about the issue. :wink:

Wed, 03/04/2009 - 09:27 Permalink