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Posted: Mon Mar 31, 2008 8:08 am Subject: DEBT VALIDATION |
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I used one of the debt validation letter templates on this site and sent it off to a collections agency. I wanted to get some more info. from the people on this site that has done this before and actually got a reply back from a collection agency. If they do not give me what I have asked for can I keep requesting for the right information? The thing is I need to see receipts or some form of signature for the account that they are requesting to make payments off of. I am down to my last account and I want to take the right measures. At the same time I want to keep getting familiar with the rights I do have in the credit area.
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jamesellis1982

Joined: 16 Jan 2008
Posts: 63
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Posted: Mon Mar 31, 2008 8:42 am Subject: |
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I would just sit tight and wait. There is a good chance they will not respond and you may never hear from them again. They may make a half hearted attempt at validation or they may provide what is required. Who is the agency?
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frogpatch
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Joined: 09 Apr 2007
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Posted: Mon Mar 31, 2008 8:57 am Subject: |
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The agency is Asset Acceptance and from the looks of the papers and my old credit reports from 2006 the balance has went from $4000 to $7000. The reason why I need proper validation is because I had my credit cards while I was in college and all of my paperwork was going to my parents house because they were paying the bills for me. I do not have any more of that paperwork because the house where my mother was living at the time got ruined by Hurrican Katrina. So all of those papers are destroyed. The reason why I need to get deep into finding some validation on my end is because my father left us while I was still in college and I heard from my aunt that he had a credit card and was using is all the time. I know I had credit cards being mailed to my house. So, who knows if he activated one of them. I just would like to see where this credit card was used and then I can base these dates off if I was in school or not. All of the credit cards I had were used while I was in school. I never used them when I came home. I just want them to dig a little deeper. If not I may have to file a complaint or something.
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jamesellis1982

Joined: 16 Jan 2008
Posts: 63
Debtcc Points: 264
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Posted: Mon Mar 31, 2008 5:19 pm Subject: |
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From what I've read in the time I've been here, don't hold your breath waiting on validation from Asset Acceptance. Blue is not your color.
As to the situation re: your father leaving, you may need to speak to an attorney and/or law enforcement on that. You're talking possible identity theft here, and that's some serious stuff.
Given the facts as you've stated them, I wouldn't pay dime one without seeing some signatures. It just doesn't add up. If they harrass, send them another DV. If they try to sue, request DV in discovery. If they rack up enough violations, get an attorney and take'em to the cleaners.
_________________ -
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
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unclewulf
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Joined: 27 Nov 2007
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Shazzers
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Joined: 05 Dec 2007
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Posted: Mon Mar 31, 2008 6:16 pm Subject: |
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I have received falsified validation before, and I have also received what some may consider "partial" validation, but I have never had any CA actually validate the account as required by law. I am certain that it can happen, as people in here have gotten it before. But I just dealt with another one this afternoon--a small-time local collector placed a medical debt on my credit report in January. I disputed it in February, and they immediately verified it to the CB. I then contacted them and asked for the validation I was still waiting on. To this day I have never gotten anything, not even a bad attempt. So, fast forward to this weekend, I was checking the credit report again, and there they are still. So, knowing that I requested DV and didnt get anything, I disputed it with Experian again. As soon as they got the dispute from Experian, they called me today and left a message, telling me that I have a very important business matter that needs "immediate attention". Funny--they are violating both the FDCPA and the FCRA right now, all for a debt that they claim I owe $250 on. So, once I get NES fried in court and paying me for their BS, these clowns are next. Geez, one could almost make a living like this!!
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skydivr7673
Debt Samaritan

Joined: 15 May 2007
Posts: 840
Debtcc Points: 523
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Posted: Mon Mar 31, 2008 6:29 pm Subject: |
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Thanks for that info, Skydivr! It helps me breathe a bit easier. Probably does a lot for Shaz, too.
_________________ -
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
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unclewulf
Moderator

Joined: 27 Nov 2007
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Posted: Tue Apr 01, 2008 7:56 am Subject: |
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Well I followed UncleWulf's advice and sent off a debt validation letter with return receipt requested. Yesterday, I received the green paper that comes back to you. It did not have a hand written signature on it. It had a stamp with a department name on it with the date. So, I will just wait and see what happens with this.
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jamesellis1982

Joined: 16 Jan 2008
Posts: 63
Debtcc Points: 264
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Posted: Tue Apr 01, 2008 8:04 am Subject: |
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Don't hold your breath. Most collection agencies do not get copies of account documents. You will have to wait until they hire a lawyer and they sue you. They must then giver you the documents per a discovery request.
If they don't validate the debt in time, send a cease and desist contact letter. If they try to contact you again, confirm it in writing, and renew your cease and desist. Then, if they sue you, you can counter sue for violation of FDCPA.
_________________ Register today to cash in debtcc points.
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Guest

Debtcc Points: 100
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Posted: Tue Apr 01, 2008 8:13 am Subject: |
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Well, I appreciate the advice Guest. I will keep that in mind. I just know that I do have rights and I do not have to be scared of these CA's even they try to bully me. I work hard for my money and to make sure it goes to the right places.
Anyone have a template for a cease and desist letter because I am counting the days now for this validation from Asset. If they do not respond back within the given time frame then I will be sending them a cease and desist letter. Also, if they try and call me within this time period I will make sure to keep a copy of my phone records to see that they violated my rights.
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jamesellis1982

Joined: 16 Jan 2008
Posts: 63
Debtcc Points: 264
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Posted: Tue Apr 01, 2008 9:54 am Subject: |
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There's a CD template in the DIY section of the site, IIRC. And you might want to make arrangements to record any calls that come in, if that's legal in your state.
You need more help, you holler. We'll be here for you.
_________________ -
The four 'no's of dealing with collectors:
No validation?
No payment.
No way!
No kidding!!
Economic Stimulus information from the Infernal Revenue Sadists
Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]
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unclewulf
Moderator

Joined: 27 Nov 2007
Posts: 2139
Debtcc Points: 17958
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Posted: Tue Apr 01, 2008 10:12 am Subject: |
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--At the same time I want to keep getting familiar with the rights I do have--
How about you have the right to pay your debt and quit stalling? We know this debt validation crap is nothing but a stall tactic. I hope you get sued soon. You probably will.
_________________ Register today to cash in debtcc points.
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Guest

Debtcc Points: 100
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Posted: Tue Apr 01, 2008 10:18 am Subject: reply |
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NNC posing as a regular guest again,don't pay any attention to that troll.if you do as the others advise the only one who will get sued is the CA.
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paulmergel
Debt Samaritan


Joined: 24 Jun 2007
Posts: 2350
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Posted: Tue Apr 01, 2008 11:54 am Subject: |
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"How about you have the right to pay your debt and quit stalling? We know this debt validation crap is nothing but a stall tactic. I hope you get sued soon. You probably will."
Well thanks for your input. Dont get mad because I have people helping me inform me of my rights and not being so naive to give anybody my hard earned money before making sure its going to the right places.
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jamesellis1982

Joined: 16 Jan 2008
Posts: 63
Debtcc Points: 264
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Posted: Tue Apr 01, 2008 11:56 am Subject: |
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<<<sigh>>>>
I thought we covered all this with you before, Nonsense? Validation is not stalling! It's forcing the CA to prove they should even be collecting on the account. It also forces the CA to proved how they arrived at the amount they claim the debtor owes; and not just some artificially jacked up amount they want to collect on. It also forces the CA to prove the debt is even owed by the person......
Wait a minute! Why the heck am I repeating myself again? We give "Nonsense" the same dressing down to the asinine comments he makes and he still doesn't learn. He just keep coming back, time and again, posting his lies and garbage and not even bothering to defend himself when we do.
What a sad, pathetic, lonely person Nonsense is.
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FloridaRon

Joined: 13 Oct 2007
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