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Nickysduck2
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Subject: Collectcorp improperly validated debt
 
Posted on Tue Apr 20, 2010 2:37 pm  

Hi. I live in TN and have an unpaid credit card from Bank of america that was turned over to collectcorp collection agency.After I received the first notice from collectcorp that they were handleing my debt I sent them a request for debt validation by certified mail.All they sent me back was the last year's worth of credit card statements.There was nothing else.Not even a letter from them.They failed to send me anything with my signature on it from when I first opened the credit card 5 or so years ago and they did not send me proof that they purchased my debt from bank of america.I am in fear of being sued by them and need to know what to do now.Do I send them another letter asking them to properly validate my debt? If so is there a sample letter for me to use this time? Also what are the odds of me being sued when the colection agency is in Navada and im in TN?

Thanks,
D.W
Aaron

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2632



48565 Magic Points

Subject: Collection agency improperly validated debt
 
Posted on Wed Apr 21, 2010 4:21 am  

Hi Nicky,

No collection agency can continue with the collection process if they fail to provide the debtor with the proper validation of the debt. However, you can try to send them a second validation letter, mentioning about the first one. Send the letter through certified mail.

If the collection agency fails to provide you with a proper validation of your debt, you can dispute this item with the credit bureaus. Send the bureaus a dispute letter mentioning that the collection agency wasn't able to validate the debt. Attach proof of both the validation letters sent to the collection agency.

Hope this helps.

Regards,

Aaron
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nickysduck2
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Subject: 30 days to validate
 
Posted on Wed Apr 21, 2010 1:18 pm  

I forgot to mention in my last post that the debt validation letter I sent to the collection agency specifically requested that they validate the debt within 30 days and they did not. It was over 30 days.I have the delivery confirmation slip showing when i sent the letter to them.when they recieved it and the postmark on the package they sent me back was a week after the 30 days.I recived it several days after the postmark.Since they did not validate within 30 days does this mean they can't sue me? I have other credit cards with collection agencies that I sent dv letters to as well and none of them valadted at all.Where do I stand now? I have copied the exact letter I sent the collection agencies below.
Thanks,
D.W

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on Feb 16,2010. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:

What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home, family,friends or to my place of employment . If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,
Aaron

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2632



48565 Magic Points

Subject: debt validation
 
Posted on Thu Apr 22, 2010 12:23 pm  

Hi,

There is no such rule mentioning that the collection agency is supposed to send you validation of your debt within a 30 day period. However, the debtor is supposed to send the validation letter to the collection agency within 30 days of the first collection attempt by the collection agency.

Your letter is OK. However, you need to be a bit less rude. You can change the text here "What the money you say I owe is for; Explain and show me how you calculated what you say I owe". If you want you can use the sample validation letter available with this community.

Thanks,

Aaron
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