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hithere · Posted: Sun May 18, 2008 5:40 pm Subject: Failed to Validate

hello all,

the CA failed to provide me with a satisfactory proof of the debt validation. What should I do next?

thanks!

Posted: Sun May 18, 2008 6:47 pm Subject:

Have you recieved the green card back from the Post Office? Dispute the tradeline with the CRAs. If the CA verifies it with them without cproviding you validation, they've just opened themselves to legal action for FDCPA violations.

Posted: Sun May 18, 2008 6:48 pm Subject:

Hi there, hi there, I couldn't resist saying that, SORRY!! Ok back to business Very Happy

Anyways, I suppose there are a few things you could do, either sit tight until they sue you and use the lack of validation as your defense, or, send them another validation letter such as: link below,
http://www.debtconsolidationcare.com/letters/sample7.html

You can customize it to your needs. There are probably other things you can do, I'll let someone else elaborate on them that has more knowledge in this area.

Posted: Sun May 18, 2008 6:49 pm Subject:

We were posting at the same time wulf. Very Happy

hithere · Posted: Sun May 18, 2008 6:49 pm Subject: Failed to Validate

yes, I have the green card receipt. I'll dispute it tomorrow!

Thanks!

Posted: Sun May 18, 2008 6:53 pm Subject:

Best of luck. If you need more help or info, you know where to find us.

hithere · Posted: Sun May 18, 2008 7:52 pm Subject: Failed to Validate

Thank you all for the feedback!

Shazzers, I didn't think the CA could sue without validating the debt!!

Posted: Sun May 18, 2008 8:21 pm Subject:

They SHOULDN'T sue, but some try anyways. Confused

Posted: Mon May 19, 2008 12:13 am Subject:

You could be real agressive with them. Dispute the account with the CRAs and when they verify, you have them on three separate violations of continuing to collect while a DV has been demanded.

Then send another DV, pointing out that now they have violated by verifying un-validated information. Inform them that unless they remove the account from the CRAs you will be taking them to court. Give them like 15 days to comply. If they don't, sue them! Even if they do validate later, you still have them on those violations as the laws clearly state that a violation is still a violation even if you OWE the amount!

Posted: Mon May 19, 2008 9:13 am Subject:

Even if the CRAs report it as validated, can't you dipute and ask them about their validation info, or something? I may have confused you, but I thought I read that if they did that you could ask them about their methods of validation? May be wrong, so someone step in here Laughing

karen

hithere · Posted: Mon May 19, 2008 10:07 am Subject: Failed to Validate

Thanks Goldenbast!! And to sue the CA, do I do that in small claim or where/how? Also, do you have sample letter of thesecond DV letter?

hithere · Posted: Mon May 19, 2008 12:47 pm Subject: Failed to Validate

I also noticed on my credit report that under the OC account, "recent Paymnets" shows the amount paid $XX but no date of paymet!

I did not make any payment on this account. Is it possible that the CA made a payment trying to revive the account? I'm sending a letter to the CRA disputing this recent payment, is this the right move on my part??

Thanks!

Posted: Mon May 19, 2008 12:54 pm Subject:

You can request the method of verification from the CRAs. You can sue in small claims yourself, but be well versed in the applicable laws.

hithere · Posted: Mon May 19, 2008 1:39 pm Subject: Failed to Validate

Thanks goldenbast, I state the following on the letter:
In reviewing the attached credit bureau report issued by your agency, I have detected an error regarding the following account(s) in that it is reported inaccurately.

I’m not aware of any recent payment for the amount of $XX on this account. In reviewing the process I believe Asset has illegally tried to re-age, revive the account. They’re illegally reporting wrong information on my account. I’m not aware and I have not authorized any transaction on any of these accounts.

What do yo think?

Posted: Mon May 19, 2008 7:53 pm Subject:

You need a strong Debt Validation letter. First off, the collection agency can't just "validate". If I recall, there are at least 5 things they need to show you and send to you as part of the validation process. The point of the DV letter is for the CA to send you PROOF based on the requirements pursuant to the FCRA. Otherwise, it's just a verification. All of the DV letters i have sent in the past, NONE of them could accurately validate because they didn't have all of the requirements. I've had success with my dv's.

hithere · Posted: Mon May 19, 2008 10:22 pm Subject:

Hi pageantgirl, I thought I had a pretty strong letter, actually I still thing it was a great letter, the CA is just playing its stupid game trying to full anybody they can... do you mind sharing your letters anyway? Thanks!

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