Few months ago, I got a collection statement from an agency and since I was not aware of this debt (although the account belonged to me), I sent them a debt validation letter.
In writing, I specifically asked them to provide
1. The agreement which authorizes the creditor to collect debt on the alleged debt.
2. The signed agreement from the debtor conforming to pay the creditor.
3. The official documents which proves the amount of debt using explanations and calculations.
4. The verification or copies of any judgment if applicable.
5. The identification of the original creditor including name and address.
I sent them the letter twice but each time they failed to respond to my letter within 30 days of receipt.
Then, I thought disputing with Credit Bureaus is the next step to go, so I sent out the letters about 2 weeks ago. However just about a week ago, the collection agency sent me a package containing some crappy copies of billing statement (and nothing else), which I have never gotten before so I have no way to prove whether or not these statements are valid.
So, what's the next step? Should I ask CA pay-for-delete? Or should I just wait and see how credit bureaus deal with this?
Thanks in advance!
You need to send a debt validation letter only once by certified mail with return receipt. If they fail to validate the debt within 30 days of receipt of your debt validation letter, they lose their right to collect the debt as per the fair debt collection practices Act. Just sending billing statements does not mean debt validation. The collection agency must send you the proof that the debt has been sold to them by the original creditor along with the bills.
Yes, Scott is right. A proper debt validation must include a copy of the original agreement paper that you have signed with the creditor, and the proof that the creditor has sold the debt or has transferred the right to collect the debt to the collection agency. If the creditor cannot provide you with these documents, then it is not a proper debt validation and you should not come to a repayment agreement to pay off the debt.
Hi ntoxicated
It is not at all essential for you to ask for details about debt validation. When you ask for debt validation, it would automatically mean that the creditor or the collection agency must provide you with each and every details of the debt including the outstanding debt amount and the last date when the payment has been made towards the debt. There are sample debt validation letters in this forum which you can personalize by just putting your and the CA name and address in it. You can find this letter if you visit the link letters of credit