debt validation question

Submitted by crashmaniac on Sat, 08/07/2010 - 20:17
Forums
Credit repair

I recently sent a debt validation letter to a collection agency. I found an entry on my credit report and have never been contacted by the collection agency and it says its the 2nd placement. I sent the validation letter to them. They then sent a letter to me stating that the validation period has expired. They say that they use NCOA and are sure I received letters from them. I never did though. It isnt a huge amount and I could pay it off, but Im not aware of owing any money and am positive they never contacted me. What would be my next move to them?

Thanks

Aaron

Hi crashmaniac,

Please let me know when this collection agency first contacted you for the collections?According to the Fair Debt Collections Practices Act (FDCPA) the debtor is supposed to try validating the debt within 30 days of the first collection activity. What you can do is ask if the collection agency uses the certified mail and return receipt to send letters. If they do, you may be able to prove that you signed no receipt.

You can also ask them to prove that they mailed the letters to your current address, with the certified mail stamps showing the letter reached your present address. Write a letter mentioning all these things. You can also consult a lawyer, or the State Attorney General regarding this debt.

Thanks,

Aaron

Mon, 08/09/2010 - 06:33 Permalink
crashmaniac

They have never contacted me. I keep all papers recieved from collection agencies and they have never contacted me. It is from a collection agency named Prompt Recovery Services. I never signed for anything or recieved anything from them I am sure. It is a little less then $100 and if I did recieve anything I would have paid it. That small of an amount is not something I wouldnt pay. Should I just suck it up and send a pfd letter and if they agree then pay it, but if they dont try and pursue it more?

Mon, 08/09/2010 - 06:40 Permalink
Aaron

Hi,

I have answered to your query at http://www.creditmagic.org/debt-validation/collection-time.html#50416 .

Should I just suck it up and send a pfd letter and if they agree then pay it, but if they dont try and pursue it more?

I don't think you should pay this till they validate the debt. However small the amount may be, if you don't legally owe this debt then you are not supposed to pay the collection agnecy.

Thanks,

Aaron

Mon, 08/09/2010 - 07:55 Permalink
crashmaniac

Would it do me any good to dispute this with the credit Bureaus instead of messing around with the Ca?

Tue, 08/10/2010 - 01:01 Permalink
Aaron

Hi,

Yes, you can go on a dispute this item with the credit bureaus. Use the debt validation letters, the certified mail proofs, receipts, and the validation answer letters (if any) as proof.

Thanks,

Aaron

Tue, 08/10/2010 - 09:29 Permalink