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Proper proof of debt

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Fasfeed

Joined: 06 Feb 2008
Fasfeed's page
Posts: 87

3212 Magic Points

Subject: Proper proof of debt

Wed Feb 27, 2008 5:12 pm

What would be considered as binding validation of debt. I recently had a collection company send me out a copy of validation of debt. There only appears to be computer generated copy of summary of transactions. Have they supplied enough information to verify the debt. Can i ask for more validation and what would i ask for. This also came after I recieved a settlement offer from the collection agency. I sent them a pay for deletion letter agreeing to settlement amount. They responded with the DV ,without agreeing nor disagreeing to terms of pfd. Should I resend pfd letter stating second attempt. The settlement offer has also ran outside its course of the 30 day window offered. Waiting on response to DV,before I do anything else.

diem

Joined: 20 Feb 2008
diem's page
Posts: 97

222 Magic Points

Thu Feb 28, 2008 3:34 pm

Sounds like AFNI. Who is the CA? They didn't properly validate. Their computer generated printouts of numbers and such are not proof. Send something like the following with the proper information, certified mail with return receipt:

Quote:

Collector/Creditor Name Here
Address
City, State, Zip
Re: Account #(Your Account # Here)
Date:
To Whom It May Concern (Or Name On Most Recent Communication):
I have received your attempt of validation of the above mentioned account and have several issues to address with your �claim� that I owe this ALLEGED debt to your organization.
First, you have not, by any means, managed to prove to me that I owe this alleged to YOUR organization. You have not provided me with a signature that undoubtedly proves that I have some sort of contractual obligation to pay YOU (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation).
Second, you have also not sufficiently proven to me that I owe this alleged debt to (Creditor Name Here) by providing me with a copy of a signature on a contract that I supposedly signed (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation). You have merely supplied me with copies of alleged bills on the account in question (OR contract). This does not sufficiently prove that there is any legal, contractual obligation between myself, your agency or the creditor.
If you cannot provide me with a copy of MY signature on a contract with (Creditor Name Here), I submit to you that this debt is unverified and reporting it to ANY Credit Reporting Repository is a direct violation of the FDCPA. Continuing collection attempts on this account can and WILL be considered harassment under the FDCPA.
(Optional) Fourth, I do not appreciate the insulting tone that my validation request was answered in. I have a right to request ANY and ALL proof that I owe this alleged to your organization AND to the original creditor. Your answers were rude and insulting and I WILL be sure to report this negative response to the FTC and the BBB. This was completely uncalled for as I am acting within MY rights under the FDCPA and FCRA.
I DO NOT have any contractual obligation to pay YOU at this point as you have failed to provide ANY proof of that. A copy of an alleged bill is simply not enough satisfactory proof that I, personally, incurred this alleged debt.
I, again, request that your company PROVE to me, beyond a shadow of a doubt, that I incurred this alleged debt by providing to me a copy of my signature on some type of contract. I also request that your company IMMEDIATELY abide by the rules and regulations of the FDCPA and CEASE all collection attempts on this account, including, but not limited to, removing ANY listing on my credit file that may be damaging to my credit status and verifying this information with the credit bureau�s.
I have enclosed another copy of my validation request, as amended and set forth that you now have 15 days to respond before further action is taken on my part. Please note the changes made within the validation request itself and answer ALL questions accordingly, along with providing the information that I have requested.
Sincerely
Your Name Here
Address

If you still don't get it, you can assume they can't properly validate and go from there.

Fasfeed

Joined: 06 Feb 2008
Fasfeed's page
Posts: 87

3212 Magic Points

Fri Feb 29, 2008 1:26 am

THANKS for your post Diem !! The collection company name is RGS financial .Their out of Texas . I wiil be sending a copy of this letter out asap . Will be updating you on the outcome.

sdchargers_63

Joined: 13 Aug 2007
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Posts: 915

2963 Magic Points

Subject: debt

Fri Feb 29, 2008 6:41 am

Maybe, DIEM...you can help me with THIS issue. I have Cash Call, on my CR. However......Cash Call no longer 'owns' this account. The CA, who NOW owns it, is ALSO on my CR. How can I 'remove' Cash Call? Can I use a similiar letter, like the one above?

Laura

Joined: 21 Jun 2007
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Posts: 1407

34560 Magic Points

Fri Feb 29, 2008 10:06 am

Wendy you need to send a dispute letter in this case. What is the status of the account with Cash Call now?
_________________
Regards,
Laura.

Morningstar

Joined: 17 Apr 2007
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Posts: 609

40 Magic Points

Fri Feb 29, 2008 11:33 am

IMO, even if CashCall no longer owns the debt, they can still report accurate information that happened while they did own it. Go through the dispute process anyway, you might get lucky.
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sdchargers_63

Joined: 13 Aug 2007
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Posts: 915

2963 Magic Points

Subject: debt

Fri Feb 29, 2008 6:10 pm

Laura........I don't deal with Cash Call anymore. A CA has 'owned' my account, for a while now. ..about 5 months, or so. However.....BOTH the CA and Cash Call, are on my CR.

fireyone

Joined: 26 Feb 2008
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Posts: 2967

4112 Magic Points

Sat Mar 01, 2008 10:25 pm

How can they report 2 od the same debts even if they are different companies? That doesn't seem fair because if they continue to keep selling the debt and each company keeps reporting it doesn't that look awful on a credit report? Also if the debt clears its self off a person credit record in 7 years does the company who bought it say a few years later have to quit reporting it also. You would think once it went off after 7 years (I think I read this is how long credit card debt continues on a credit report) the company who bought it couldn't report it either.

Morningstar

Joined: 17 Apr 2007
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Posts: 609

40 Magic Points

Sat Mar 01, 2008 11:22 pm

The account falls off credit report 7 years after date of charge off; if a collection agency continues to report the entry after that date, it is in violation of the law, probably intentionally.
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I don't dream since I quit sleeping

Morningstar

Joined: 17 Apr 2007
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Posts: 609

40 Magic Points

Sat Mar 01, 2008 11:24 pm

Only the original creditor and the collection agency collecting may do this. Two, three, four... collection agencies may not report the same debt at the same time.
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fireyone

Joined: 26 Feb 2008
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Posts: 2967

4112 Magic Points

Sun Mar 02, 2008 1:51 am

That sounds fair enough. If they do keep reporting it can you do something to make them stop? Also if I may ask another question. I have an old doc bill on my report. It is set to expire in about a year. I never relized it was there until I recently pulled my own report. I had full medical at the time and can't figure out how it never got paid but is such a meaningless amount that I would just pay it to not have it there. Now the question part. If I do this will the other creditor I owe from the year 2000 start harassing me even more? I already deal with them and one on my husbands that wasn't actually his but his fathers (long story). Don't want to deal with anymore. If I had to I would just rather let the debt run out.

Morningstar

Joined: 17 Apr 2007
Morningstar's page
Posts: 609

40 Magic Points

Sun Mar 02, 2008 2:11 am

Debt validation letter + dispute with credit reporting agency should do the trick. If a CA continues to report in spite of not collecting the debt, and in the face of DV letter + a dispute with CRA, intent to sue letter should be the next step.

If you're not going to buy a house or car in the near future, you could either let if fall off, or try the dispute process.
_________________
I don't dream since I quit sleeping

fireyone

Joined: 26 Feb 2008
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Posts: 2967

4112 Magic Points

Sun Mar 02, 2008 2:39 am

Not planning on doing either. Just went through the whole house thing and not moving again and already have a loan for my truck, that I just got a few months ago. Just wanted to clear it up since it was such a meaningless amount. Thanks for the advise.

erb1953

Joined: 31 Dec 2007
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Posts: 629

-19 Magic Points

Sun Mar 02, 2008 3:04 am

I have read on the debt forum that cashcall is very difficult to work with, are they, it seems true.

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 2967

4112 Magic Points

Sun Mar 02, 2008 2:17 pm

I dealt with cash call long ago. I spoke with them once and after how rude they were I went out and bought a caller id (when they first come out). Figure it was better to pay a monthly fee for that product than to deal with such wolves who want to hear nothing. They wanted all or nothing.

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