Debt Validation after you dispute it online

Submitted by sorie on Thu, 01/01/2009 - 15:44

Hello again, another question

I have one last debt that has been sold twice from the OC to a CA to a CA I have disputed this with Experian online twice; the results say it stands and should but should be removed in May. Should I try a Debt Validation letter to the latest CA?

The account was from 2000 and the OC does not show up on my credit report at all..

could this be a case of illegally re-aging the account?

Again thank you all for the help.

Who is the account with...? I might be able to answer that for you...

Thu, 01/01/2009 - 19:14 Permalink
Anonymous (not verified)

Thanks for your help.

IT is with Palisades Collection LLC, before that asset acceptance LLC and before that Washington Mutual (OC)

I think maybe First Resolution had there hands on it but it shows current closed on my report.

As well I sent the CA Palisades a Debt settlement letter for less than the amount asked by them, but no reply yet it has been almost a month now. and it was delivery confirmation.

Thu, 01/01/2009 - 19:20 Permalink

Hey, DOC.....even if you 'Dispute' something on line, is it a good idea to send something to the CB's, as well? Would that give you a 'better' chance of getting the item removed?

Fri, 01/02/2009 - 04:14 Permalink

The negative listing stay in your credit report for seven years and six months from the date you have made the last payment towards the debt. Now, if your last payment towards the debt has already crossed seven years and six months, then it should be removed by now. I don't think that you need to ask for debt validation because the SOL on the debt must be over by now and you need not pay off the outstanding debt.

Fri, 01/02/2009 - 06:53 Permalink

A collection agency can sell the debt to another collection agency and it does not mean that your account is re-aged. Normally when a CA fails to validate a debt, it loses its right to collect the debt and sell off the debt to another CA who tries to collect it. Now, until and unless the CA validates the debt he cannot legally start collecting the debt. Original creditor listing may or may not show in your credit report. If the OC sold off the debt before listing it on your credit report, then only the CA listing will show in your report.

Fri, 01/02/2009 - 07:10 Permalink

I will send a DV to both the CA listed on my report for the same item, should they not be able to validate this, that is when I send the letter to the Credit bureau?

My credit report dispute said it will come off in may or june this year. But I don't no how they have verified it.

Fri, 01/02/2009 - 09:55 Permalink

I think I messed up though...

I sent the pay for delete before I sent the Debt validation, would it be right to send a DV now or wait till I hear from them?

Fri, 01/02/2009 - 10:07 Permalink

JUSTIN...should I sent a DV letter to the most recent CA's, on my CR ( reguardless of what the debt is)? I know a few debts, I have on there, the SOL already expired.

Fri, 01/02/2009 - 12:14 Permalink

Hi sorie
Pay for deletion agreement is normally send after you send a debt validation letter and the creditor has properly validated your debt. We come to a pay for deletion agreement only when we are sure that we actually owe the debt to the creditor. But since you have already send both the pay for deletion agreement letter and the debt validation letter to the creditor, you should wait till the time the creditor validates the debt. The creditor must validate the debt within 30 days from the date of receipt of your letter else the creditor loses his right to collect the debt as per the Fair Debt Collection Practices Act.

Sat, 01/03/2009 - 07:32 Permalink

As per the FDCPA, until and unless the creditor or the collection agency properly validates the debt, you need not make any payment towards the debt. Even if the creditor validates the debt but the Statute of Limitation on the debt has expired, you should not make even a small payment because if you make a payment after the SOL has expired, then the SOL rewinds and the creditor can sue you to recover the entire debt.

Sat, 01/03/2009 - 07:40 Permalink

I'm doing a few of those 'not paying it anymore' things, because a few debts, on my CR...the SOL has expired. I certainly don't want to Re-age the debt. So.....( see if I have this right..) if the SOL did expire, but the 7 years and 6 months isn't up yet, the CA CAN NOT 'come after' you? Hope my question is clear.

Sat, 01/03/2009 - 14:20 Permalink

I guess I went and twisted this one all up then. If they can prove that it is mine with a DV letter, then I send the PFD, but that is it right they must delete it and not one of those soft deletes. Makes me just want to wait the few more months till the SOL is up. :?

Sun, 01/04/2009 - 21:25 Permalink

If the collection agencies validate the debt within 30 days of receipt of your letter, you should immediately come to a repayment agreement to pay off the debt. You can send a pay for deletion agreement letter to the creditors if they validate your debt. Just sending statement of accounts for the outstanding debt is not a proper debt validation. Validating the debt means that the creditors need to provide you with a copy of the original signed form which you have signed when they have provided you the debt.

Mon, 01/05/2009 - 10:47 Permalink

Justin: I did the same....Sent a DV letter to 2 different collection agencies. Neither on responded by sending me a copy of the signed form when the so called debt was obtained. 30 days has expired for them to send me these items. They only sent me computer print outs stating "We've confirmed this debt is yours"...."This is a request to collect a debt"...etc. What should I do now?

Tue, 01/06/2009 - 16:07 Permalink

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.

Wed, 01/07/2009 - 01:12 Permalink

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.

Wed, 01/07/2009 - 05:58 Permalink

One more question?

the CA has sent me two different Payment amounts.

1st they want more than $500 than is what is listed on my credit report

than they say i can settle the debt for half the amount they say i owe :?

Is this some sort of tactic, or maybe a debt that really has no substance :?:

Wed, 01/07/2009 - 06:07 Permalink

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.

Wed, 01/07/2009 - 09:00 Permalink

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.

Wed, 01/07/2009 - 09:11 Permalink

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.

Wed, 01/21/2009 - 21:36 Permalink

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.

Thu, 01/22/2009 - 06:30 Permalink

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
You can also mail them at the following address:
Federal Trade Commission, Consumer Response Center
600 Pennsylvania Avenue, NW, Washington, DC 20580

Thu, 01/22/2009 - 06:56 Permalink

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?

Thu, 01/22/2009 - 11:28 Permalink

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?

Fri, 01/23/2009 - 00:07 Permalink

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.

Wed, 02/18/2009 - 12:51 Permalink
Tony (not verified)

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.

Sat, 10/10/2009 - 22:34 Permalink

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?

Sun, 10/11/2009 - 11:49 Permalink
Khim (not verified)

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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