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Bogus Validation Letters?

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jenickki



Joined: 12 Aug 2008
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Posts: 6



515 Magic Points

Subject: Bogus Validation Letters?
 
Posted on Wed Sep 03, 2008 7:48 pm  

Has anyone ever had something show up with the original bill and "state" that it is a letter of validation?

This has happened to me, or I am to believe it is bogus. It included an account number, telling me it was "acquired" by the original creditor and no owned by the collection agency. It dosen't state when it was acquired? There is no address on the bloody thing anywhere of the original creditor, and the balance is "flexing" based upon interest and credits payed within the past 30 days.

Anyone have this come across their desk. Asking for a conscience to prove this is bogus.
goodnatured



Joined: 03 Nov 2007
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543 Magic Points

 
Posted on Wed Sep 03, 2008 11:30 pm  

Was this a response to a debt validation request? Why would they just send you this without request.

If I were you I would send debt validation, I had a copy of a bill show up and they claimed that was enough, to me it was not enough, I wanted a copy of the original contract that listed them as the other party besides myself that entered in the contract. I never had any contract with the collection agency.
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fireyone



Joined: 26 Feb 2008
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132 Magic Points

 
Posted on Thu Sep 04, 2008 12:45 am  

GN I always thought they had to have the original contract for it to hold up. Am I mistaken? They must ask for validation before paying any old debt. I would advise anyone to do this.
anthony

anthony

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Posted on Thu Sep 04, 2008 4:24 am  

I think that the original creditor has send you the letter asking you to pay back the debt you owe. Whenever, the original creditor first communicates with you in writing asking you to repay back the debt you owe, they send a debt validation notice along with the letter to let you know your right to dispute the validity of the debt. You need to dispute the debt or ask for debt validation within 30 days else it is assumed that the debt is valid and the creditor can proceed forward towards collecting the debt.

You said that the letter mentioned that the debt was acquired by the original creditor and not by any collection agency. It may be because the debt may have passed back to the original creditor from the collection agency for some reason or the other.
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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.
fireyone



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132 Magic Points

 
Posted on Thu Sep 04, 2008 11:25 am  

Why would a debt pass back to the original creditor unless the collection agency never paid for the debt and now doesn't want it. If it is the OC and she has lots of over the limit and interest fees will the OC work with her on a settlement? Does this only happen after the debt is sold off?
jenickki



Joined: 12 Aug 2008
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515 Magic Points

Subject: Bogus Validation Letters?
 
Posted on Thu Sep 04, 2008 7:45 pm  

Let me clairfy. They drove me nuts on the phone for two months before I ever saw I piece of paper from them. I never answered the phone, they would just leave these stupid messages on my machine, which completely violate the FDCPA (you know the ones...if this is not"blank" please hang up.

I never asked for a validation. Well, I have now; but at no time did I ask for one I just wanted something in writing to verify what they were talking about.

I found it amusing that they just sent it. It's LVNV that I am dealing with, and we all know how much fun they can be Smile
goodnatured



Joined: 03 Nov 2007
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543 Magic Points

 
Posted on Thu Sep 04, 2008 11:27 pm  

Yes, goodluck getting any debt validation from them, after you don't get the debt validation you can dispute it on your report. If they continue to bother you send a cease and desist letter, that way they will have to cease all collection activity.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
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fireyone



Joined: 26 Feb 2008
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132 Magic Points

 
Posted on Fri Sep 05, 2008 12:12 am  

GN if they don't validate and the debt is still in SOL can they come back later and validate the debt and sue you? Just say perhaps I have three years left before the SOL comes into effect and I try to get a debt validated. They don't validate and it is then taken off my report. Can they later before the SOL is up send validation and still collect on the debt?
goodnatured



Joined: 03 Nov 2007
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543 Magic Points

 
Posted on Fri Sep 05, 2008 1:21 am  

Yeah, as long as it is with in the sol they can sue you, even after it expires they will try to collect it, they just can't sue you.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
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anthony

anthony

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Posted on Fri Sep 05, 2008 4:33 am  

Hi jenickki
You should then send a debt validation letter within 30 days from the date of receipt of the letter if it is a debt validation notice letter. Actually when the collection agencies call you over phone to repay the debt, they need to send you a debt validation notice by mail to inform you your right to validate the debt as per FDCP Act. If you don't send a debt validation letter within 30 days from the date of receipt of the letter, the debt is accepted as valid.
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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.
Mary

Mary

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17426 Magic Points

 
Posted on Fri Sep 05, 2008 4:47 am  

Yes, after they validate your debt, you should check whether the Statute of Limitation in your state has expired or not. If the SOL has already expired, there is no need to contact the CA for repaying the debt because if you even try to repay the debt partly, the SOL will rewind and you may need to pay back the entire debt. However, if SOL has not expired, then only contact the CA to repay the debt, but try to make the creditor agree for pay for deletion agreement before paying off the debt in full.
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goodnatured



Joined: 03 Nov 2007
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Posts: 3931



543 Magic Points

 
Posted on Sat Sep 06, 2008 1:36 am  

What state are you from? We can find the statute of limitations for you if you don't know where to look.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa
fireyone



Joined: 26 Feb 2008
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Posts: 4246



132 Magic Points

 
Posted on Sat Sep 06, 2008 1:41 am  

I always like to have that site bookmarked. Its quick easy access when you are trying to help someone.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



543 Magic Points

 
Posted on Sat Sep 06, 2008 7:45 pm  

me too, now if the poster would come back and let us know where she is from.
_________________
Goodnatured,
http://cashinpocket.synthasite.com/
for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa
erb1953



Joined: 31 Dec 2007
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-100 Magic Points

 
Posted on Sun Sep 07, 2008 1:00 pm  

I think I read on that she was from florida, not sure but I think that she said florida

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