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Clarification of the Validation Process

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goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3133



5260 Magic Points
 
 Posted on Sun Sep 07, 2008 5:48 pm  
I am in a situation where I have requested debt validation several times via certified mail, return reciept requested and they still never provided me with it, then they file a law suit in the mean time. The credit reporting agency will not remove something that is pending legal action even though they would not validate prior to filing the civil suit.

So I don't have much faith in the removal after refusing to validate the debt. I am stuck when it comes to this one.
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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
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Posts: 2843



1583 Magic Points
 
 Posted on Sun Sep 07, 2008 7:21 pm  
Here to GN. If they do not validate the debt can they even sue? Hope someone answers you soon.
 
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3133



5260 Magic Points
 
 Posted on Sun Sep 07, 2008 7:25 pm  
You got me and then the credit reporting agency will not remove them because of the civil suit. I called the head attorney on the case last week and no one has gotten back to me yet.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2843



1583 Magic Points
 
 Posted on Tue Sep 09, 2008 2:28 am  
Geez..Are you NOT aggravated? I want to know if they do not validate if they have a right to sue and if they do and you have a copy a the validation request letter that they never responded to if it would hold their end up in court or rule in your favor ...kind of like SOL.
 
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3133



5260 Magic Points
 
 Posted on Tue Sep 09, 2008 2:52 am  
That is what I am hoping for. It will be handled by three attorneys on a board, it is called an arbitration. One of the attorneys is the chairmain, kind of the lead one. Anyway, I have spoken to the lead man on the board and he told me that they will not let me get railroaded, he said that they will not only have to prove that I owe the debt but that I owe the debt to them.

So, I figure with the copies of the debt validations that I have all sent certified mail and signed for by someone in their office, I will present these and request one more time verbally in front of the panel that they prove that I had a contract with them on this debt. The only thing that they have provided me with is a copy of a monthly bill. This don't prove anything as far as ownership of the debt, there is no contract between me and them.

I think that I have a good shot at winning this one.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2843



1583 Magic Points
 
 Posted on Tue Sep 09, 2008 1:57 pm  
Sounds like you could win this one. I asked the same question to someone on another post, about debt validation. I never got a straight answer. It is your right to have the debt validated so if they do not honor your rights how can they then sue? Someone on another port asked about the validation process because the company suing them wouldn;t validate. I can't remember what post but if I run into and see the answer I will let you knw. Maybe that should be a new topic. You think so?
 
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