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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Wed Jan 07, 2009 1:12 am
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Learning that is not proper debt validation. they need to have a copy of the original contract signed by the original lender and yourself. Also they must show that they have a right to even collect this debt. Since they did not send proper validation if they go ta take you to court they can not win.
Sorie, seems like you keep getting lost in the mix here...Did you contact the collection agency or did they contact you. If your debt was that close to the SOL I would have NEVER contacted them and called attention to the debt. Either way now that you sent a debt validation letter they must validate or lose the right to collect. |
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sorie
Joined: 01 Jan 2009
sorie's page
Posts: 14
Location: GERMANY
683 Magic Points
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Wed Jan 07, 2009 5:58 am
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Fireyone,,,,, NO I messed up.
They have sent me three letters in the last year, never any before that. I wanted to resolve the issue, even though I know the SOL is coming do. So I sent them a PFD before they even gave be a DV.
They have not responded to the Letter and I have not gotten the delivery confirmation back. So I will send a DV/PFD to the address that on my credit report.
It is Palidsades/Van Ru. I hear they are not good at getting back to people. I initially sent the letter to Van Ru where the CA letter came from.
It is not about the money, I just want it off my report so I would like to deal with someone who could care just slightly with these folks.
I am sending the letter today, any more advice would help, I don't want them to re age my account if I pay or something they can do. I really don't want them to Sue that would cause to much problems. |
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sorie
Joined: 01 Jan 2009
sorie's page
Posts: 14
Location: GERMANY
683 Magic Points
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1362
Location: Los Angeles, California
29592 Magic Points
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Wed Jan 07, 2009 9:00 am
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Hi LearningFast
Since they have not validated the debt, you have nothing to do because you are no longer required to pay the debt as per the Fair Debt Collection Practices Act. Now if you do not pay off the debt, what they can do is to sue you to the court to bring judgment to recover the debt. If they do so, simply produce the proof that you have asked for debt validation which they failed to provide and the judgment will go in your favor.
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Keep in touch
Carol |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Wed Jan 07, 2009 9:11 am
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Hi Sorie
If the collection agency has already listed it in your credit report, you should first ask them for debt validation before you make any payment towards the debt. Now on getting proper validation, if they agree to settle for half the outstanding amount, get in in writing first and then pay it off. This is because if after getting half payment on the debt, the sell the remaining amount to another collection agency, you may be in trouble. Mostly the collection agencies agree to settle the debt for 50 to 60% of the outstanding debt amount.
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All the Best 
Justin |
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LearningFast
Joined: 22 Aug 2008
LearningFast's page
Posts: 15
428 Magic Points
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Wed Jan 21, 2009 9:36 pm
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| I sent a letter to the CB asking that the negative posting be removed since the CA didn't validate the debt. I also sent along all of the paper work proving to the CB that I attempted to get the matter resolved. Instead of having this info removed the CB responded by saying I'd have to wait for it to fall off. This will come off at the end of this year but shouldn't the CB have taken it off now since they didn't validate it. |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1362
Location: Los Angeles, California
29592 Magic Points
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Thu Jan 22, 2009 6:30 am
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Hi Learningfast
If the credit bureaus did not remove the listing in spite of the fact that the CA did not validate the debt, you can file a complaint with the Federal Trade Commission by sending them copies of the proof that you have asked for debt validation as well as the copy of the letter that you have received from the credit bureaus showing that the bureaus have denied removal of the listing.
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anthony
Joined: 31 Jul 2006
anthony's page
Posts: 550
13573 Magic Points
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Thu Jan 22, 2009 6:56 am
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Yes, you can only file a complaint against the bureaus to the Federal Trade Commission. You can either send them a letter with the proof that in spite of the fact that your debt is not validated, the bureaus did not remove the listing from your report. You can file a complaint online by visiting the link
https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
You can also mail them at the following address:
Federal Trade Commission, Consumer Response Center
600 Pennsylvania Avenue, NW, Washington, DC 20580
_________________
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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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1498
107 Magic Points
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Subject: credit
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Thu Jan 22, 2009 11:28 am
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| I've 'disputed' a few items, on ALL 3 CR's. I've heard back from ONE of them..however, it's been more than 30 days since I 'disputed' anything. Anything else I can do? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4493
8662 Magic Points
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Fri Jan 23, 2009 12:07 am
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| Probaly not much until its been 30 days on the disputes. Once they do not validate Sd then you can dispute the listings of these debts with the reporting agencies. What kind of validation did you get from the one your heard back from? |
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LearningFast
Joined: 22 Aug 2008
LearningFast's page
Posts: 15
428 Magic Points
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Subject: Filed the complaint now what?
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Tue Feb 17, 2009 7:54 pm
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| How long should it take after filing a complaint with the FTC for me to find something out? |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 730
17417 Magic Points
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Wed Feb 18, 2009 12:51 pm
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| As far as I know, after you file a complaint with the Federal Trade Commission, it usually takes 30 to 45 days for them to resolve the issue. However, it all depends on what type of complaint you are filing with the FTC. |
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Tony
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Sat Oct 10, 2009 10:34 pm
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| I just received debt validation back from a CA and the only thing they sent me were two statements, one from 2006 and one from 2009. Is this proper validation? The statement from 2006 shows me having made one purchase and one payment and the one from 2009 shows only a past due fee and that's it. |
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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1498
107 Magic Points
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Subject: debt
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Sun Oct 11, 2009 11:49 am
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| No, TONY. That is NOT proper validation. They needed to send you the contract that you and the OC/CA (depending on who it is) signed. Do you know when the SOL is up on this debt? |
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Khim
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Subject: debt validation
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Sun Feb 21, 2010 7:29 pm
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Hi, I sent my DV to NCO financial on 12/15/09. I got a letter from them on Feb 13, 10 saying that the account is closed in their office and they didn't report the account to credit bureaus. Now, 3 days after, Feb 16, I received another letter from Palisades Collection, which is the creditor, saying they received my request for verification of debt and provided me some account information they have on file such as original creditor, previous creditor, current creditor, current balance, accnt #, SSN, debtor #, charge off date and open date.
The question is, what is this letter for? I just thought they already closed the account because they didn't send me the verification letter within 30 days... |
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