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Debt validation: The most powerful insturment against CAs

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CMBV22

CMBV22

Joined: 08 May 2008
CMBV22's page
Posts: 364



5522 Magic Points

Subject: Debt validation: The most powerful insturment against CAs
 
Posted on Thu May 08, 2008 12:35 am  

I have been going through the process of validating my debt and settling with the companys agreeable to PFD agreements. In the mail today I received a letter from NCO who used to have what they claimed was a Cap 1 account in my husbands name. The letter stated that they erased the listing from my CR and they sent the account back to Cap 1. I then called CAp 1 to get their listing removed. When they looked up the account they only had a number refering me to Zenith Aquisitions. Now should I send Cap 1 a DV letter to try and get their mark removed? Also, I read on Budd Hibbs.com that Zenith has a REALLY bad rep. How should I deal with them? I am thinking I should send out a DV letter and go from there but, to be honest Mr. Hibbs has me rather nervous to deal woth these ppl.


SECOND QUESTION:

Asset Acceptance claims that my husband owes 1242.00 for a BAllys Total fitness bill from 2001. They sent paperwork which I guess is supposed to be a contract between him and Ballys but, it has the wrong address listed for him. Also, the amount they say is owed is more then the total amount of the contract. They sent me nothing saying when this alleged account went into default, and where the extra charges are from. All I was sent as DV is this contract that again, has the wrong address and no payment history or an explanation of charges. I had sent a PFD offer to them (and no I did not acknowlege or imply any responcibility or acceptance of the debt) where I offered 200.00 to get rid of them. I have heard nothing back, How should I handle this account?[font=Verdana]
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CMBV22

CMBV22

Joined: 08 May 2008
CMBV22's page
Posts: 364



5522 Magic Points

 
Posted on Sun May 11, 2008 6:28 am  

UPDATE:

Friday I was woken up at 9:30 in the morning on my only was off for weeks >Sad by a call from Asset A. I asked them why they were calling me when I had sent them 2 letters that under the FDCP barred them from calling me. The woman simply said "Oh yes, I see that letter on file. I also see that you asked for alot of other information. I can get that right out to you but, we would appreciate a small goodwill payment....."


Thats where I cut her off. I informed her that she was not allowed to call my home and that i was well aware that this debt was past the SOL in CT and making a payment on my part would be dumb. I finished by telling her that the $200. PFD offer was the last and only loffer that they would recieve from me since they cannot even provide a drivers license number or an correct address on this 'contract' they sent me.


I'm thinking that i should just throw my hands up and say 'forget it' The neg listing falls off in April and I KNOW it would be a huge battle to try and convinvince them that a piece of paper with no information other than my husbands name equals a legal contract.
anthony

anthony

Joined: 31 Jul 2006
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Posts: 516



13609 Magic Points

 
Posted on Mon May 12, 2008 9:41 am  

Hi CMBV22

As far as your first question is concerned, you can send a debt validation letter to Cap 1 and wait for their response. If they say that they have sold off the debt to Zenith Acquisitions, you ask them to remove their name from your credit report. After they have removed their name from your credit report, you can send a debt validation letter to Zenith Acquisitions. You should not fear of their bad reputation, since if they behave badly or does not respond to your debt validation request, you can always complain to FTC against them.

Now as far as your second question is concerned, your CA is in violation of the FDCP Act. So ask your CA to provide you with complete details including the amount of the debt, the name of the creditor, your address, and other details correctly.
_________________
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.
CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 364



5522 Magic Points

 
Posted on Mon May 19, 2008 6:39 am  

I sent Cap 1 the DV letter, and I sent ASSet Accept another DV letter with copies of their horried excuse for vailidation. I informed them in this letter that if they either needed to validate this debt to me, accept the 200 bucks, or erase the mark.

As far as Zenith is concerned I will wait until they send me something to open that can of worms. MAybe I will get lucky and they will realize the debt cant be validated and leave us alone.
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



132 Magic Points

 
Posted on Mon May 19, 2008 12:01 pm  

If that debt is past SOL and it is due to fall off I would advise not worrying about it. I am not trying to defraud that company but honestly By the time a debt reaches its SOL usually it is some hard butt junk collector who picks it up. These are really the worst type of people to deal with. I tried it a couple times and all it brought me was more headaches. Once they seen I was interested in getting rid of the debt they started playing games. I will only accept this astronomica l amount or Surely you can pay more than that...the phone calls kept coming. I had wished I had just left it alone myself since it was due to fall off. They sold the debt time and again so I never tried to settle that old debt again. I had learned from the first time around.
CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 364



5522 Magic Points

 
Posted on Mon May 19, 2008 5:47 pm  

Yeah, I think that your right
_________________
****************************
Free sample letters,
info on paying off payday loans,
and quick credit repair tips.
Pesonalized credit repair advice in the forum:

www.homecreditrepair.net

http://homecreditrepair.hqforums.net/
Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17426 Magic Points

 
Posted on Tue May 20, 2008 6:12 am  

I too think that fireyone is correct. If the debt is past SOL or it is due to fall off, there is no point in settling the old debt.
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Where there's a will, there's a way !!
Marian
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Subject: validation letter
 
Posted on Thu Oct 16, 2008 6:19 pm  

Where can I obtain a copy of the validation letter please?
cmacada1@dnet.net
paullounsbury@gmail.com
Guest






Subject: Reply to VD letter semi complete? What now?
 
Posted on Sun Dec 07, 2008 1:35 am  

A CA sent 6 seperate charge off accounts to the CRA's all from the same
radiologist for six different x-rays taken on the same day at the same time ...I had assumed my insurance had paid for these. I have recently moved and relocated and have had problems with receiving my mail. I sent VD letter and received a response within 5 days six consisting of 6 different statements, each identifying the radiologist, the x-ray itself, the charge, but no signed agreement. I stated in my registered letter that I had not received any communication from them before seeing the collection accounts on my CR and requested in my registered letter that they remove the collections from the CRA's until a complete validation had been finished. So what now? The cra's are still reporting my collections, it's only beentwo weeks, and they believe they have validated the accounts? What would you suggest?
Mary

Mary

Joined: 06 Jul 2006
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Posts: 684



17426 Magic Points

 
Posted on Mon Dec 08, 2008 12:20 pm  

Hi paullounsbury
Before charging off a debt account it is not necessary that the creditor report the outstanding debt to the debtor. If a debt is outstanding for over six months, it is considered delinquent and the creditor can report it to the credit bureaus and can even charge it off. Now, since they did not properly validate the debt, all you can do is to send a dispute letter to the credit bureau and ask them to remove the charge off listing from your credit report.
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Where there's a will, there's a way !!
sdchargers_63

sdchargers_63

Joined: 13 Aug 2007
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1916 Magic Points

Subject: credit
 
Posted on Sat Dec 13, 2008 10:12 am  

Ya know..........I've REALLY been 'reading up' on ALOT of the things we can do on repairing our own credit. Sometimes I think, " I will NEVER 'get' ALL of this stuff." Then other times, when I read posts, like the ones above ( which...seem 'straight to the point'), I cahnge my mind..whether I CAN 'do it myslef.' Let me explain........I think to myself it's too 'complicated' to get this done. The above posts makes it seem so 'simple' to do. Going from 'complicated' to 'simple' gives me a better outlook. Hope this makes sense to ya'll.
Doc

Doc

Joined: 02 Dec 2008
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Posts: 178
Location: McKinney, TX


1310 Magic Points

 
Posted on Sat Dec 13, 2008 1:08 pm  

Zenith seldom actually RESPONDS to requests for validation... They are atrocious at this... And they almost summarily "verify" with the bureaus... This one that you really have to put the heat on... Certified, return-receipt requested, etc...

If the debt is out of statute, simply send them a letter, asking that they never contact you again. Let them know you don't want any more telephone calls, that you'll record any calls they DO make, and that further collection activity is actionable. They'll go away.

But do it in writing... "Telling" them is not enough, legally... It only buys you 5 days.
_________________
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I provide info for free, & all I ask is that you visit my site...
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fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



132 Magic Points

 
Posted on Sat Dec 13, 2008 2:22 pm  

How do these collection agencies get away with out legally validating a debt. I see it on here all the time. People will even send a certified letter asking for debt validation and it goes ignored..sometimes they even proceed to file a summons even though they were asked to validate a debt. I would think in this scenario if the debtor sends a letter certified post and does not recieve an answer, when the creditor goes to court the debtor should be able to win since they did not validate. Of course this probaly wouldn't be the end of it because I would imagine they would sell the debt and let the next debt collector try to collect.
Doc

Doc

Joined: 02 Dec 2008
Doc's page
Posts: 178
Location: McKinney, TX


1310 Magic Points

 
Posted on Sat Dec 13, 2008 5:19 pm  

That's what my other company does... We review people's reports for just these kinds of violations, and then refer them out to competent counsel, who reviews the case, and files as necessary...

The only way to change these guys illegal practices is to hold them accountable... "How?", you might ask...

Sue them!!!!

This is the other site... (Be advised though, it's a service that's only available in TX and LA...) http://www.helpmeccc.com
_________________
-Doc Compton, Omega Credit Repair
I provide info for free, & all I ask is that you visit my site...
http://www.omegacreditrepair.com
You can also get tons of information here!
http://www.doccompton.com
fireyone



Joined: 26 Feb 2008
fireyone's page
Posts: 4246



132 Magic Points

 
Posted on Sun Dec 14, 2008 12:49 am  

I myself have not been a victim but I was always taught to never say never. I have had enough calls for the other persons bills,which I explained on another post. Usually though they just tell me they will remove the number and sell it. I have gotten use to having a bunch of unknown names unknown numbers calling for a while and after I weed them out they sell and I get a short break. I really do not want to change my number so I guess I will continue to deal with the "Mac Gregors" collection calls from time to time.

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