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Please clarify, if you can.
If I have sent cease & desist letters to "junk buyers" and they do not respond within 31 days, I am legally able to contact all 3 credit bureaus and ask that the negative reports (the actual listing) be removed because the junk buyer has not provided the proper validation.
Am I correct in this understanding?
Thank You.
If you are asking if it will remove the collection agency or as you put it junk buyer off your report, it should.
however, I don't think that it will remove the original creditors statement from your report. You can try and see what happens, I don't think that one company can affect another companies reports though.
hi jenickki
Since you have already send Cease and Desist letter as they have not responded to your request for debt validation they have to stop collecting debt from you further. Now since 31 days have passed and they have not responded to your request for debt validation, you can send a dispute letter to the credit bureaus asking them to delete the listing from your report.
Go get em girl. They had 31 days to respond so I am guessing they can not verify this debt. Get your disptes heard and credit report cleared of this one. Erb Is correct though in telling you it probaly will not remove the original creditor, only the collector. You must send a seperate debt validation letter to the original creditor to have them removed but be careful these are the ones that can usually varify the debt being that they would have the original contract.
You must also send a seperate dispute for each different company that is reporting the debt or has reported it in the past, so you are better off coming up with one letter and keeping it on your desk top and continue to use the same one, just change the company information on it each time you use it. Send the letters certified, return reciept requested and include a copy of all this to the credit reporting agency when you dispute because they did not validate.
Good advice GN. I sometimes forget to mention having to send to all three.
It sure is a process, it is like you have to develop a little check list, do what is on it and then follow up with the process through out the process. lOL, do you like the process?
Everything is always a long process. It would be great though for people whom are unfamiliar with the debt validation process to have access to a checklist.
I can not imagine if everyone worked the way some of these agencies do, we would get nothing done.
Isn't that the trutht. I am finding this out the hard way with this atty. Even started taking matters into my own hands. Wonder if when it is all said and done they will onclude me in thier payroll?
Hopefully you sent the C&D letter after your staute of limitations. The silence from the CA could be that they are going to take you to court because you stated you no longer want to have contact per your C&D letter. So it could be taken both ways if you out of your SOL then send a follow up DV letter wait 15 then no response send all info to the CRA's. Let the CRA's know that the theis has been unverified and must be removed.
I always wondered if you weren't protected by SOL why you would send the cease and desist. It is like asking them to sue you.
Clarification of the Validation Process
Well, I have taken matters into my own hands. I have contacted the BBB of Hampton Roads, VI, the BBB in Pennsylvania and the Attorney General to get these guys off my back. I know for a fact that Corbett is on it, I talk to them a great deal.
If they take me to court, so be it "bring it on"..they don't have a leg to stand on...just prove the debt I'll pay it.
You go girl. I wish moer people would take this approach. It would cut back on some of these guys.
jenickki
A FOAD letter will force them to stop contacting you all together about the debt in question. IT will not however require them to validate the debt or remove the listing in 30 days. Only a DV letter will force them to prove the acuracy of the debt and then remove it in the 30 days.
Also, it is very rare that DC can get this info in the 30 day time period. In my experience you will need to send a 2nd letter to them at 31 days and then if you do not get a responce in 45 days contact the CRAs and the FTC, BBB etc.
I recomend this b/c even in you get the mark removed due to lack of responce 32 days after they received the letter. If they come up with validation the next day they can put it back on. Also, when you dispute it via the CRAs they will 'investigate' the listing and most likely say it's legit forcing you toi send a MOV letter
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.
Here to GN. If they do not validate the debt can they even sue? Hope someone answers you soon.
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.
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.
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.
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?