Internet's first get-out-of-debt community - 136,000 members

RMCG

Hi,

I sent a debt validation letter to a CA. They responded by sending me a "balance forward" of the original debt. No detail - no nothing. Just the original creditor's name.

Is this ok? Don't they need to provide more than that??

Posted: Fri Aug 03, 2007 3:44 pm Subject:

Yes they do have to provide more than that, that's not proper validation. I believe a sample letter is in the DYI section of this forum, look it over and send that to them. Tell them that you're not asking for them to simply "verify" that they have your name and address with an alleged debt attached. They must prove that you have some contractual obligation to them (this sounds like a dabt buyer).

RMCG · Posted: Fri Aug 03, 2007 4:35 pm Subject:

Thanks for the info. I'm new to this site - could you please tell me what the DYI section is?

thanks!

Posted: Fri Aug 03, 2007 4:55 pm Subject:

DIY or "Do it Yourself" is a self help section in which you will find sample letters and negotiation tips to deal with the creditors or collection agencies. Follow this link

http://www.debtconsolidationcare.com/diy/

Send a dispute letter to the CA mentioning the details that you need to receive as per the debt validation terms.

RMCG · Posted: Fri Aug 03, 2007 8:50 pm Subject:

So great! Thanks very much - I'm happy to have found this site!

Posted: Sat Aug 04, 2007 3:14 am Subject:

Under fdcpa, the collector must be able to give you proper evidence that their claim is legitimate. To prove so they must include
• Documents that prove they legally own the debt and have been authorized by the OC to collect it from you.
• Complete payment history from the original lender.
• A copy of the original legal contract or financing agreement that you signed with your creditor.
And if the CA responds to the DV in writing and yet doesn’t include sufficient evidences then they are definitely violating FDCPA. In such case, you can send them a second letter notifying that they have not validated the debt properly so they must cease all collection efforts. When a debt collector doesn’t provide you the proof that you actually owe them money, then why would you pay them?

Posted: Sun Aug 05, 2007 9:17 am Subject:

What happens when you have sent the request three different times within the 30 day time to request the validation and have received nothing. What is the next move one should take?

ladybug

Posted: Sun Aug 05, 2007 9:23 am Subject:

ladybug -

I would keep all documentation regarding that validation letter and hopefully you sent it certified/return receipt requested so you can prove they received it. It will prove useful in the future if they attempt to collect on this debt again. If you receive another attempt to collect the debt, take this to your state's Attorney General and file a complaint based on the fact that they have not validated the debt and continue to try and collect on said unvalidated debt.

*Name:
*Email:
*Phone:
*Zip:
*Debt

	* denotes required field

Internet's first get-out-of-debt community - 136,000 members

Debt verification letter sent -- they responded -- now what?

Members Area

Free Debt Counseling

Ask the community

Also See

Featured Discussions

Featured Articles

Recent Forum Discussions

Recent Blog Post