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ericks798
Joined: 23 Feb 2010
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Posts: 22
543 Magic Points
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Subject: DV What is Suppose to be Validate?
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Sun Feb 28, 2010 1:01 pm
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I've sent a letter to a collection agency to DV a old Charter Communications. I do realize that this is my debt, but in the process of trying to repair my credditI thought it would be best to send DV to all collections agencies.
This collection agency just replied that" this is an attempt to collect a overdue account. In an effort to resolve this matter the are willing to accept $125.42 half the current amount due. Once paid the CA will account will reflect settled in full" This is the collections agency reply to my debt validation letter.
Is this the verification that I should be looking for? So, should I send a PFD to the CA? or should I try to contact the original creditor to see if I can have this account removed from collections? and Pay the OC a settlement amount or paid in full amount? Or should the CA have sent other information to validate this debt?
What actions should I take and with whom CA or OC?
For, what Im seeing it is best to deal with the original creditor. To see if the account will be removed from collection. Which from what I can tell will help my credit score better (collections accounts removed from credit reports.)
Thanks in advance for your assistance.
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Quote" Your biggest Fear should not be failing, it should be NOT TRYING"-unknown |
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Sun Feb 28, 2010 2:14 pm
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I meant to say. Is the this the response I'm looking for from a Debt validation letter? I think Debt validation and Debt verfication are different.
What are CA's suppose to provide when Debt Validation letter are replied to?
If all of this info or only a porition of this info is validate by CA what course of action should I take?
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Mike84
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Sun Feb 28, 2010 5:49 pm
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This is NOT a proper validation from the CA. Validation will at the very least include the following information: original acct number, original creditor, principal and interest amounts. Depending on your states collection laws, they may be required to provide more.
Since they did answer your validation correctly, they most likely can't validate at all. I'd send another DV letter asking for proper validation and mention that their "settlement offer" is actually in violation of the FDCPA since no collection activity may take place until the debt is violated.
If they don't validate properly after the second DV request, ask them to delete the acct, from your report. Mention in that letter that non-compliance will result in complaints to the BBB, FTC, and your states Attorney General. |
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Mike84
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Sun Feb 28, 2010 5:51 pm
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| *meant to say validated instead of violated |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
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Sun Feb 28, 2010 11:21 pm
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| I agree with Mike. They more than likely do not have the proper validation. Send them out another letter and if they still do not validate I would dispute it with the credit reporting agencies with your proof and have it removed. The original more than likely sold and wrote this debt off so it may be out of their hands. If this is the fact then you can not get their remark removed. |
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cinnamngrl
Joined: 01 Nov 2008
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Posts: 1455
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Mon Mar 01, 2010 12:09 am
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That is an offer to settle which is distracting you from the fact that they cannot prove this debt. It is a violation to keep trying to collect without responding to your DV.
It is not necessarily best to deal with the OC. they are unlikely to settle or pfd.
who is the OC?
when did this debt first become 180 days delinquent?
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How to PFD, OPT-out, Complain, etc
All credit articles at EHOW |
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ericks798
Joined: 23 Feb 2010
ericks798's page
Posts: 22
543 Magic Points
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Mon Mar 01, 2010 2:10 am
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This is an Charter Communication (Cable/utilities bill)
Date of Major Deliquency First Reported 2/2008
Date of First Delinquency 10/2005
Date of Last Activith N/A
Month Reviewed: N/a
Activity Description N/a
I reviewed the settlement offer again.
There is a Origina Creditor: Charter Communications
Client Account #
Is this the validation info that I should have been provided? The settlement amount is fro $125.42, the full amont is $250.84
If this is considered proper validation should I attempt to send a PFD? Let me know what you think?
Thanks again
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Quote" Your biggest Fear should not be failing, it should be NOT TRYING"-unknown |
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cinnamngrl
Joined: 01 Nov 2008
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Aaron
Joined: 08 Feb 2010
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Subject: validation of debt
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Mon Mar 01, 2010 7:16 am
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Hi Ericks,
If you have send a validation letter to the collection agency, they can't continue with the collection process, until they can validate the debt. In the answer to your validation, the collection agency is required to provide you with the details of your original contract, the details of your payment, and the proof that they are holding your debt. If these details are not there in the debt validation answer, it cannot be considered to be a proper debt validation.
As for the details that you have provided in your last post, I think the original creditor has not yet updated the information about the charge-off. You can inquire into this with the original creditor, and can ask them to pull back the account from the collection agency. You can then settle the debt with them, and get the negatives removed from your report.
Feel free to discuss if you have any more problems.
Regards,
Aaron.
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cinnamngrl
Joined: 01 Nov 2008
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ericks798
Joined: 23 Feb 2010
ericks798's page
Posts: 22
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Mon Mar 01, 2010 2:34 pm
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I live in Alabama
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Quote" Your biggest Fear should not be failing, it should be NOT TRYING"-unknown |
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ericks798
Joined: 23 Feb 2010
ericks798's page
Posts: 22
543 Magic Points
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Mon Mar 01, 2010 2:34 pm
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I live in Alabama
_________________
Quote" Your biggest Fear should not be failing, it should be NOT TRYING"-unknown |
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cinnamngrl
Joined: 01 Nov 2008
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Posts: 1455
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Subject: :)
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Mon Mar 01, 2010 2:58 pm
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Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)
Ok the SOL has expired, so if they try and sue you in civil court they will lose. ( you need to go to court if served and assert SOL as an affirmative defense)
The reason SOL exists, is that it unfair to expect you to maintain records for years and years to defend yourself from fraudulent debt.
This debt can be reported on your credit reports for 7 years, because debt reporting is federal and civil liability is state. That is why the difference in years.
So, the civil liability is expired and that is why they not responding to your DV letter.
1. Please Slow down.
2. Pay for delete would allow you to get this item deleted from your credit report.
Why do you need this deleted? Are you trying to qualify for a mortgage? If you are in a hurry, you will not get the best deal.
You can do a PFD, and I would pay nothing without it. I think you should consider reporting this CA to the AG. They still have to respond to your DV. It is a violation worth $1000 in federal civil penalties to send you settlement letter after you requested DV.
Is this on your credit reports? Do you have hard copies of your reports? If not go to annual credit report dot com for your annual free report
(not freecreditreport dot com)
Can you verify whether this is on your credit reports? 
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All credit articles at EHOW |
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