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 Posted: Mon Nov 26, 2007 11:02 am Subject: debt validation letter |
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I sent a debt validation letter to a collection agency over 30 days ago and have not heard anything back from them. I am curious as to how to proceed from here and what happens. I'm just wondering if they are not responding because they are just going to sue me or what. I've never done this before so I am just curious.
Thanks!
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| Posted: Mon Nov 26, 2007 11:04 am Subject: |
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There is no time limit for them to respond, but they must stop all collection activities while you are waiting for the validation.If they can not validate , they can not collect. Just sit and wait. They can not sue you if they can not prove that the debt is yours.
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kashzan
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| Posted: Mon Nov 26, 2007 11:31 am Subject: |
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Check your state law. I know of a couple of states where they must respond within a certain time period. Otherwise, kashzan is right. If this is an old purchased debt, they probably won't respond because they have no documentation.
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LawStudent
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| Posted: Mon Nov 26, 2007 11:35 am Subject: |
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Hey Law, thanks for the info. I did not know that some states did have a time limit to respond. What if they do respond, but it is after the time limit. Is the debt still considered valid?
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kashzan
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| Posted: Mon Nov 26, 2007 11:46 am Subject: |
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I can't answer for certain, but I believe they can resume collections if they can prove the debt is valid later.
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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)
The science is in knowing, the art is in perceiving - Robert Fripp (1946-)
Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)
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LawStudent
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| Posted: Mon Nov 26, 2007 11:58 am Subject: |
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great info Law...Thanks
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Tweety71
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| Posted: Mon Nov 26, 2007 4:14 pm Subject: |
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I have a similiar situation. I sent a DV letter to an agency back in January 2007. In it I stated that if I did not hear from them within 30 days that I would consider the debt not valid and would consider the matter closed. I just received another letter from them this week with an offer settlement of 60% of said debt. I am going to send them a letter back stating that I consider the matter closed along with the original letter I sent them. Speaking of which, does anyone have a good follow up letter that I could use?
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outlaw8117
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| Posted: Mon Nov 26, 2007 4:34 pm Subject: |
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outlaw-Have you checked your state law to verify if you live in a state in which the collection agency must respond within a certain time?
The CA can take as long as they need to validate the debt as long as they stop collection activity.
From what I understand, the debt still exists during the validation period even if you write to them and you consider the matter "closed".
I would follow up with one of the Debt Validation Follow Up letters up above in the "do it yourself" section. Up at the top of the page under ranking chart.
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volleyballmom
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| Posted: Mon Nov 26, 2007 4:50 pm Subject: |
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I live in WA and I believe that there is no time frame that they must respond. This debt is old and I know I've paid on it. I just don't know how much and it was before I got debt smart. So the SOL is almost up anyway. But I always throw in the 30 day clause to cover myself and show any court that I tried to settle this debt. Now reading their letter a second time I see that their client is a brand new client. Not the client from the letter I received earlier this year. Not sure how that happened. So I was going to send them some kind of follow up letter saying I consider the matter closed and resolved. Just didn't have a good letter to use nor did I see one in the do it yourself section.
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outlaw8117
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| Posted: Mon Nov 26, 2007 4:54 pm Subject: |
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I dont think there is one that illustrates the matter closed and resolved as consumers cannot usually dictate that.
Here is the list and might I recommend #7 or #8 and tailor it to your needs. Otherwise, you might be on your own to pen one if you have specific verbiage beyond what we can offer you.
Hope that helps.
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volleyballmom
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| Posted: Mon Nov 26, 2007 4:56 pm Subject: |
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Also, sounds like it was sold to another collection agency if the letter you just got is not from the collection agency you sent the original debt validation letter to.
You might need to start again with another debt validation letter to this new collection agency.
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volleyballmom
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| Posted: Mon Nov 26, 2007 5:12 pm Subject: |
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It's the same collection agency, just looks like a different client now. I'll come up with a letter and then post it here for everyone. Someone else out there might be able to use it too.
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outlaw8117
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| Posted: Mon Nov 26, 2007 5:14 pm Subject: |
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| Quote: | Law offices of Weltman, Weinberg & Reis
323 W Lakeside Ave Ste 200
Cleveland, OH 44113-1099.
November 26, 2007
RE: LVNV Account XXXXX
Sears Account XXXXX
Amount: $XXXX
To Whom It May Concern:,
On January 11th, 2007 I sent you a letter explaining that I do not believe I owe what you say I owe and, in accordance with the Fair Debt Collection Practices Act, 15 USC 1692g, Section 809(b).
I must remind you that in my previous letter I requested the following information:
• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509
• Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D. Conn., Oct. 29, 2002)
• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Prove the Statute of Limitations has not expired on this account
• Provide me with your license/Bar numbers and Registered Agent
• Show me that you are licensed to collect or practice in the State of Washington
I also requested that if you have reported me to any credit reporting agency, that you inform them that I have placed this debt in dispute and to provide me with proof that you have done so. Furthermore, I asked that you immediately send a copy of that dispute letter to the company (creditor) that you say I owe money so they are also aware of my dispute with this debt.
As of today, you have failed to respond to my requests. For your convenience, I have included a copy of my previous letter and a copy of the mail receipt showing that you received my letter on January 11th, 2007
I also see from your current correspondence that LVNV Funding LLC is offering a settlement of 60% of the debt and that they have now been added as the client which was not the client information that I was provided with. The previous client according to my records is Ventus Capital to which I have also previously sent a letter in November 2006 requesting validation of said debt and a follow up letter to the same in January 2007 stating that I consider the matter closed since they did not respond to my original request. Copies can be made available upon request.
Since you have failed to respond I assume that you have been unable to validate the debt and therefore, I consider this matter closed. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests, the FDCPA and the FCRA.
I must remind you that any attempt to collect this debt without validating it, violates the FDCPA and that I am recording all phone calls and keeping all correspondence concerning this matter. Be advised that I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the national Better Business Bureau. |
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outlaw8117
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| Posted: Mon Nov 26, 2007 5:40 pm Subject: |
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That's why LVNV shuffles accounts around their own "family of companies". You send a DV letter, and they just send it to another to continue collections. Eventually their accounts end up with the WW&R "law firm". If LVNV has something to do with this, it's a purchased debt, so check the SOL for your state. I don't know about Washington, but, Texas definately has the 30 day period to respond, and maybe Florida. Two states collectors call "debtor havens" because there isn't much they can do to your there.
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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)
The science is in knowing, the art is in perceiving - Robert Fripp (1946-)
Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)
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LawStudent
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| Posted: Tue Nov 27, 2007 5:31 pm Subject: |
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In WA the SOL on an Open Account is 3 years ( I don't know what's considered an open account). A written contract is 6 years. Where could I find information on the time period that they have to respond? All I kept coming up with was the SOL on debts but nothing on when they have to or don't have to respond.
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outlaw8117
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| Posted: Tue Nov 27, 2007 7:41 pm Subject: |
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I'm getting ready to sue LVNV for just that little action. they did the exact same thing to me, I sent a DV and their response was to have that lawfirm send a letter. I wasn't gonna stand for that, I sent a letter to them explaining that LVNV just violated by continuing collection activity with them, that if they were collecting for lvnv they were under the same time frame. I then sent a copy to LVNV as well with another letter stating the violation as well as others) and that I would be filing suit.
My situation is a bit different in that I am in Texas...but for those without an actual time frame you can still get them on continued collection activity because that is exactly what it is...doesn't matter who they shuffle it to, if it is still held by LVNV they are still collecting. 
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