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luckyldynred
Joined: 06 Aug 2008
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Posts: 2
115 Magic Points
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Subject: What to do next after you request validation of charges?
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Wed Aug 06, 2008 8:13 pm
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| I received a collection letter for a debt that I do not owe. I have requested validation from the collector and even gave them proof that I don't owe the money. They just called me again asking if I was going to pay. What do I do now? |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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Thu Aug 07, 2008 1:32 am
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Did they validate the debt? I would file a complaint with the ftc, your attorney generals office, there states attorney generals office and the better business bureau and anyone else that will listen. The debt validation would go out again via certified mail return reciept requested and keep an eye on your credit report so that they don't report it, if they do dispute it and send the proof that they have not validated.
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 573
-53 Magic Points
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Thu Aug 07, 2008 3:33 am
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| Doesn't read like they validated yet. Just keep insisting she owes the money. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Thu Aug 07, 2008 7:22 am
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Hi luckyldynred
Have you sent the debt validation letter by certified mail? If you have not sent it by certified mail, I think you should send it again by certified mail. Now if they do not validate your letter within 30 days of receipt of your letter, you are no way responsible for paying the debt. But if they validate the debt, and you agree to their validation, try to come to a repayment agreement with them to pay off the dues.
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All the Best 
Justin |
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anthony
Joined: 31 Jul 2006
anthony's page
Posts: 516
13571 Magic Points
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Thu Aug 07, 2008 7:34 am
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Yes, they cannot harass you until and unless they validate the debt. You can wait for 30 days of receipt of your letter and if they still disturb you without validating your debt, you may complain against them to the FTC and the state AGs office.
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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. |
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erb1953
Joined: 31 Dec 2007
erb1953's page
Posts: 573
-53 Magic Points
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Thu Aug 07, 2008 11:21 pm
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| The collection agencies are aware of all these laws they just chose to ignore them, I have had them actually sell once I have requested validation. It then starts the viscious collection cycle all over again. So I would say keep the letter saved on your computer so you can just change the name and address of the collection agencies. |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Fri Aug 08, 2008 12:37 am
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| Same here ERB. It is a bad cycle to be in. I got rid of collection calls coming in here for another lady and thought it was all over only to have new ones call two weeks later. I also had this happen on my old account. It gets frustrating. I like your suggestion,I am sure it will come in handy. |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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CMBV22
Joined: 08 May 2008
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Posts: 364
4810 Magic Points
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Fri Aug 08, 2008 5:05 am
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I agree with Justin and Antony, I will add that perhaps you should inform them that you want all correspondence via USPS. This way if you do need to involve the CRAs, BBB or FTC you have a paper trail
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 686
17396 Magic Points
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Fri Aug 08, 2008 8:50 am
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As per the fair debt collection practices act, if you send a debt validation letter either to the creditor or the collection agency, they must cease collection of the debt till the time they validate your debt and that time should not exceed 30 days from the date of receipt of your letter. So since you have already send a DV letter, you need not worry because till the time they validate your debt, they cannot sue you to the court.
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Where there's a will, there's a way !! |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Sat Aug 09, 2008 1:33 am
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| Your hitting them all square in the nose with your answers. I think the most important thing here is they can't sue you. If they haven't validated and the do contact or even if they just contact after this letter is sent then the ball is in the others court cause the suing tables are then turned. |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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Sat Aug 09, 2008 9:57 am
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I have one right now as we speak that had a summons issued to me almost 2 years ago, I am waiting for the arbitration to come up in court. I have sent them debt validation letters certified, return reciept requested and have gotten garbarge back, they still sued me.
All they sent me is a copy of the monthly billing statement. What constitutes debt validation? We talk a lot about it here, but what do they actually have to send you that validates the debt? Please give some examples? I don't feel that a copy of a monthly bill does it?
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Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Sun Aug 10, 2008 2:27 am
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| GN I thought to validate a debt they had to have a copy of the original contract. Someone can correct me if I am wrong there. I honestly believe that you should find out if there is a statute on how long they have to actually take you top court on this debt. Two years is at least 21 months to long to be waiting for them to get their finger out of their behind. I know it probaly may make a person feel better not hearing anything but just think this could have been a thing of the past a long time ago. On top of that I really would maybe post a questikon here on this forum to see if someone had the answer to how long they can leave something like this hanging there. If you don't find your answer here how about trying:www.lawguru.com? |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Mon Aug 11, 2008 1:41 am
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| If you get one let me kn ow whta they say. I just can't understand the long time period. This has me stumped and a little POed.. I just can't believe they can leave someones life on pause like that. |
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