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a question on what to do after a DV letter is sent

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2011cardona



Joined: 18 Sep 2008
2011cardona's page
Posts: 9



335 Magic Points
Subject: a question on what to do after a DV letter is sent
 
 Posted on Tue Sep 30, 2008 8:10 pm  
a question about what to do after a DV letter is sent? i sent it a week ago and they say that they still have not received it, but i did speak to the man who is handling my case. at first he acted like he was doing me a huge favor taking my call because he was in a meeting. when i asked if they had the letter he said they had not and asked what was in the letter i told him. at that point he got a little testy saying that they did not have the info and i needed to make arrangements to pay it back. i to told him that i wanted to dispute the validity of the debt and then it all hit the fan. he then started accusing me of stealing from the credit card company because i have already spent the money. i just kept saying that i want them to validate the debt and send me proof. then he went into what the law was in my state of idaho and how they could get the money back. any way this went on for about ten minutes then he finally said that he would note my account and have someone get the information for me. so i am wondering what am i to do now? get a atorney or wait and see what they do next?
 
fireyone



Joined: 26 Feb 2008
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Posts: 2861



2006 Magic Points
 
 Posted on Wed Oct 01, 2008 12:57 am  
No they can not collect on a debt that they can not validate. Under the Fair debt act they have to give you debt validation if you ask for it. Are they collecting for the original creditor? I think they are not or they would have the proof. They have 30 days to provide you with debt validation. If they do not and you sent the debt validation certified mail and can prove it was sent then they can not collect the debt.
Lots of these places try scring people in to paying a debt. How old is this debt and when did you make the last payment? Idahos SOL is 5 years. If it is past that then I would just ignore them all together.
 
2011cardona



Joined: 18 Sep 2008
2011cardona's page
Posts: 9



335 Magic Points
 
 Posted on Wed Oct 01, 2008 2:07 am  
i am not sure if they are working for the original creditor. i know the account has been charged off but i am still within the SOL. i did call the post office and the letter is supposed to be delivered tomorrow and i did send it certified mail. but the guy seemed kind of reluctant when i asked for validation, like i said when i asked for it he started saying that i know the debt is mine and he also said and i quote "it is because of people like you that our economy is the way it is, people who think they dont have to pay their bills" i guess that i will wait and see.
 
2011cardona



Joined: 18 Sep 2008
2011cardona's page
Posts: 9



335 Magic Points
 
 Posted on Wed Oct 01, 2008 2:14 am  
what would proof of the debt be, credit card statements, or the little application that i may have filled out?
 
anthony

anthony

Joined: 31 Jul 2006
anthony's page
Posts: 493



12319 Magic Points
 
 Posted on Wed Oct 01, 2008 8:40 am  
Hi 2011cardona
The first thing you should have done is to send the debt validation letter by certified mail. If you have done so, then it's fine, else, you should send another debt validation letter by certified mail. Certified mail is the only proof that you have asked for debt validation, in case they sue you to the court. However, if they do not validate the debt within 30 days of receipt of your letter, you are no more liable to them for the debt.
_________________
Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
You can also visit my blog
http://financewatchonline.blogspot.com
 
Justin

Justin

Joined: 17 Jul 2006
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Posts: 412



10749 Magic Points
 
 Posted on Wed Oct 01, 2008 8:51 am  
I too agree that you should always send DV letters by certified mail. Now SOL in Idahos is 5 years for open ended accounts and so if your last payment has passed the 5 year time frame then you are no longer liable for the debt and the collection agency can do nothing to collect the debt. However, if you make even a single payment towards the debt which has crossed the SOL, the SOL time frame will again restart and the creditor can again sue you to the court to collect the debt. So after getting the validation for the debt, you should also check the SOL before you start paying off the debt.
_________________
Best Wishes
Justin
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2861



2006 Magic Points
 
 Posted on Wed Oct 01, 2008 11:36 pm  
If you let us know the date we can help you find out if it is past SOL. If it is DO NOT make any payments or you will restart the SOL and open yourself up to the collections and can be sued for the debt. Good luck...we are here if you need us.
 
2011cardona



Joined: 18 Sep 2008
2011cardona's page
Posts: 9



335 Magic Points
 
 Posted on Thu Oct 02, 2008 12:01 am  
i am very thankful for all your help, i know that the account was charged off by chase in feburary 08 but i have not made payments well before that. how would i find out exactly when i made the last payment. when i called chase they would not give me that information. so i am not sure where to look
 
2011cardona



Joined: 18 Sep 2008
2011cardona's page
Posts: 9



335 Magic Points
 
 Posted on Thu Oct 02, 2008 12:03 am  
oh by the way i did send the letter by certified mail, and according to the post office the letter was delivered today
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2861



2006 Magic Points
 
 Posted on Thu Oct 02, 2008 12:26 am  
Good job. Keep the reciept so you have proof. And keep checking they only have 30 days to validate it.
 
Mary

Mary

Joined: 06 Jul 2006
Mary's page
Posts: 322



8655 Magic Points
 
 Posted on Thu Oct 02, 2008 10:40 am  
Hi 2011cardona
If you want to find the date of your first missed payment, you can find from your credit report. Normally, it is six months from the date of your last payment. Now, even if you pay off a charged off account, the negative listing will not go off from your credit report. The only change in your credit report will be that, the listing will change from "charge off" to "paid charge off". However, this paid charge off listing will not improve your credit score.
_________________
Where there's a will, there's a way !!
 
anthony

anthony

Joined: 31 Jul 2006
anthony's page
Posts: 493



12319 Magic Points
 
 Posted on Thu Oct 02, 2008 11:34 am  
Charge off does not mean that you are no longer responsible for the debt. In fact if your credit account has been charged off and the SOL has not expired, the creditor may sue you to the court to recover the debt. So it is always better to pay off a charged off account as soon as possible. Since, the collection agency has received your letter on 2nd Oct, they should validate it by 31st Oct 08, else you will be no longer liable to the CA for the debt.
_________________
Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
You can also visit my blog
http://financewatchonline.blogspot.com
 
goodnatured



Joined: 03 Nov 2007
goodnatured's page
Posts: 3138



5338 Magic Points
 
 Posted on Sat Oct 04, 2008 12:25 am  
If they do not validate you will want to dispute it in writing and give them proof that you have requested debt validation and they have not provided it to you. Make sure that you send all debt validation letters are sent certified mail, return reciept requested, etc. That way you will have record that you have requested it.
_________________
Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!
 
Gighwaigh
Guest
Subject: My Question about
 
 Posted on Sat Oct 04, 2008 10:27 pm  
How i may contact admin this site? I have a question.
 
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 2861



2006 Magic Points
 
 Posted on Sun Oct 05, 2008 12:35 am  
You don't necesssarily need the admin if you have a question. you can post it for the forum to answer. Look to the right ahnd side of your screen and you will see a box that has "ask the community".
 
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