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Ethan
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Subject: The documents that the CA is required to provide
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Mon Aug 09, 2010 2:55 am
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Hi,
I had sent a standard debt validation letter to a CA about a couple of weeks ago by certified mail with a return receipt. I received the return receipt one week later. However, yesterday I got a response from them (they sent it standard first class mail. It is just a sheet of paper (their letterhead) and this is what is says:
"Pursuant to your request this letter will serve as validation of the account.
Original Creditor: HSBC Bank Nevada, N.A.Orchard Bank
Original Creditor Address: P.O. Box 17915 San Diego, CA 92177-7915
Original Acct No.: XXXXXXXX
Current Balance: $858.79
This letter is an attempt to collect an unpaid debt."
First of all, if this is for a Mastercard or Visa credit card shouldn't the account number be 16 digits? A couple of years ago I had two three MC and VISA cards that I couldn't pay due to loss of job. So, I know I may owe this. But, even if this debt is mine this BS letter they sent with no copies of statements or any proof that they are even authorized by the original creditor to collect this debt doesn't prove that the debt is valid.
What should my next step be? Is this sufficient proof enough that validate the debt as per FDCPA? Aren't they required to provide some concrete evidence in the form of documents from the OC.
Thanks for any help |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48567 Magic Points
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Subject: debt validation documents
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Mon Aug 09, 2010 6:54 am
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Hi Ethan,
| Quote: |
"Pursuant to your request this letter will serve as validation of the account.
Original Creditor: HSBC Bank Nevada, N.A.Orchard Bank
Original Creditor Address: P.O. Box 17915 San Diego, CA 92177-7915
Original Acct No.: XXXXXXXX
Current Balance: $858.79
This letter is an attempt to collect an unpaid debt." |
and
| Quote: |
| What should my next step be? Is this sufficient proof enough that validate the debt as per FDCPA? |
If you have received no other documents with this letter, then this is not proper validation of debt. You can send them another debt validation letter stating that the previous letter was not a proper validation. Send this letter through certified mail, requesting a return receipt.
When you get back the return receipt, send dispute letter to the credit bureaus. The credit bureaus will then notify the collection agency (CA) about verifying the debt within 30 days. If the CA fails to do so, the item will get removed by the bureaus from your credit report. However, here's the twist. The CA can't verify with the bureaus before validating it with you. This is known as the 1-2 punch.
| Quote: |
| Aren't they required to provide some concrete evidence in the form of documents from the OC. |
Yes, the CA is supposed to send you the copy of the original contract with the creditor which you had signed, copies of the monthly statements to prove the outstanding debt amount you are required to pay, and the proof that they have the authority to colelct on this debt.
Thanks,
Aaron
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Ruthie
Joined: 15 Oct 2009
Ruthie's page
Posts: 63
1404 Magic Points
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Subject: 1-2 punch
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Tue Aug 10, 2010 2:01 am
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| Thankyou, I never knew that they had to send you proof, all i ever get from them is a 50% off settlement letter. These people should be put out of business, for in my book it's harrassment. They have refused me validation three times. There own atty. tried a judgement on our house two years ago and I disputed it with the court house, and I haven't heard from there attys again. Its really getting old because there ins. paid these debts off in 2005. This is already 2010 you think they wouls stop harrassing me. Ruthie |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48567 Magic Points
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Subject: debt
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Tue Aug 10, 2010 7:31 am
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Hi Ruthie,
You need to provide more details on your debts. However, if any collection agnecy is harassing you without validating the debt, you can file complaints with the Federal Trade Commission.
Thanks,
Aaron
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