validation request not timely

Submitted by Enriquecpr1 on Thu, 03/05/2009 - 14:23

I sent letter to validate a debt. And all I got was the letter I signed, saying they can assume the debt is valid since I agreed to pay the amount and some interest. The also stated that I missed the letter to validate sent to me on March 6, 2008. They said that my request is not timely because I had thirty days after the validation letter. But they did not send a copy of that validation letter. They are showing on my credit report that I am not making payments. What should be my next step since they have denied my validation request

what i conclude from all this is they are making big fool of you.Do not fall pray to their delays.they may try to get the money from you , but ........never ever pay them until and unless they show you the validation (original) letter to in this way you can safeguard your interest. :arrow:

Thu, 03/05/2009 - 18:08 Permalink

As far as I know, if they have reported the debt in your credit report, you can ask for debt validation any time. However, if they send you a debt validation notice, you have only 30 days to respond by asking for debt validation else the debt is considered valid. Now since the debt has been reported in your credit report, you can ask for validation any time. If they do not validate your debt properly, you can send a dispute letter to the credit bureaus and ask them to remove the listing from your report. You can find sample letters by visiting the link letters of credit.

Fri, 03/06/2009 - 06:48 Permalink
Anonymous (not verified)

Can you tell me whether it is the original creditor or the collection agency who is claiming the debt from you? If it is the collection agency, then, sending you a copy of the original signed contract is not a proper debt validation. The CA must provide you with the proof that they have purchased the debt from the OC. Now, if the debt is still with the original creditor and only the name of the original creditor is listed in your credit report against the debt, you can come to a repayment plan and pay off the outstanding debt.

Fri, 03/06/2009 - 07:11 Permalink
EnriqueCPR (not verified)

Thanks Carol, thanks guest for the insight. I will send a letter terminating the agreement for not validating a debt they have reported to the CRA's, I was reading the FDCPA about misrepresentation, for example the agreement letter has
RE: Claim of CACH, LLC vs Enrique Casiano
the letter they recently sent me has a huge scales of justice and attorneys and counselors at law in bold.

So I am beginning to see how they practice.
I believe they think I am going to sit back and be intimidated.

Fri, 03/06/2009 - 13:53 Permalink

All these people are right, they MUST validate the date whenever you ask. Make sure you send the letter certified mail, you need that US Postal confirmation. If you did this still count the time they received it as part of your 30 days. What I have done in this case before is send them a intent to sue for not properly validating the date and a inadequate validation response. In your intent to sue letter, make sure you tell them you are reporting their actions to the FTC,your state Attorney General's Office and their state Attorney General's office. You must follow through with the action. Tell them you, "I still dispute this debt." You will be surprised at their response. REMEMBER they lie and can't be trusted. Also make sure you send a cease communication letter as well.

Fri, 03/06/2009 - 15:49 Permalink

Enriquecpr1 i hope now you have got the trick about those CA.They may forward you any letter which they claim that they have the right or authority to get the money from you but you must validate it b4 paying it to them.It surely helps to go through some investigation b4 hand so that one is not lamenting after wards for the mishap. :wink: [/code]

Sun, 03/08/2009 - 04:54 Permalink