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No validation from CA - how to handle this?  

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Okay, what if you've asked a CA to validate a dept, never heard back from them (sent validation request letter to them in april), and they're NOT on your credit report....only the OC is on it. Can you still write CR and ask for it to be taken off your credit report cause you never got your validation from the CA that has that account (but is listed on CR under original creditor)??? I have several accounts that were 'charged off' and went to collections. collection agencies aren't on my credit report, only Original creditors---so how do you handle this, if you can't get validation from CA? thanks, shirley
 

asked Jun 9, 2005 11:44 PM

imkimssister
Best Answer
10
best answer

I would suggest telling them that you've gone over this with them and that they have the wrong person. If they continue calling you, that you will file charges for harassment. If they insist again that this is you, ask them to send a verification of debt. You can use

Your name
General Delivery
You Zip Code, State Zip code+last four.

Be sure to call the post office that moment, or the next day and tell them you have something coming General Delivery because the company didn't know your address.

General Delivery is free, and that'll keep the collection company from knowing your address.

Once when you receive it, send a CEASE & DESIST LETTER...and from there you can prove that it's not you.

answered Sep 7, 2005 09:50 AM

9 Answers

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Hi shirleybedford

It is nice to have you back again on the board. Well, I would like to know if the collection agency is contacting you after April. I have taken it as an assumption that they are no more contacting you regarding this debt. If they did, there is a way of dealing with them legally.

In this case when you are no long in touch with the collection agents, please contact your mentioned creditor to verify this debt. If the creditor cannot verify the mentioned debt, then he is neither liable to collect the debt nor liable to contact you for that debt. In that, he has to get the debt removed from your credit report.

If they fail in removing the debt from your credit report, it is an offense under the Fair Credit Reporting Act (FCRA). He is punishable under the fdcpa law which gives you the right to sue him for $1000 for the damages.

Please let us know your feedback

Regards
Roxette

answered Jun 10, 2005 01:33 PM

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thanks so much Roxette! So after asking validation from the collection agency in april and not hearing back from them (no they have not contacted me), then you say I should contact the 'original' creditor and ask for validation from them and if they can not provide it, then proceed to get them to take it off credit report?? I just want to make sure. I have written letters to creditors and collection agencies and have experience with some of this stuff, but I have never dealt with this part of it yet. thanks again for always being there!! shirley

answered Jun 12, 2005 08:41 PM

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Hi Shirley, icon_biggrin.gif

You are absolutely thinking in the right direction. Make all your moves in pen to paper and request for return receipts and keep a copy of all your correspondence.


Quote:

thanks again for always being there!!


Please let us know if you get stuck in between. We are always there for your good and for the welfare of our community members.

Regards
Roxette

answered Jun 13, 2005 12:31 PM

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Roxette, I'm bringing up this old thread, since what I need to talk to you about concerns this subject matter. I wrote collection agency in April, asking for validation. NEVER heard back from them. Then about three weeks ago, I got a letter from a collection agency called 'encore'--they were giving me the usual 'if we don't hear from you in 30 days---blah blah blah'. So since the time is getting close, I was getting ready to print them out a validation letter. WELL TODAY, I get a letter from yet another collection agency NOW in charge of this account (wasn't even 30 days and they passed it over to someone else), and they were giving me the 30 days blah blah blah. How come this is getting passed around so much???? when I ask for validation, they pass it on to someone else. Then they write and before I can respond, they've passed it on to someone else.?? what is up with this???
ALSO, I thought once they sent you out a letter giving you the 30 days to respond, that they're not suppose to contact you during that time??? these people are calling my house over and over again. I didn't know who they were until I got this letter today and matched the number on the letter to the number on my caller ID. I know I just got the letter today, but it was dated back to earlier in the month. you advice would be great. I mean, I know what to do, whip out another validation letter with a NO PHONE calls added onto it.
Just curious if you could think of why these people are making me dizzy with all these collection agencies?? and especially switching before I can even get a chance to respond. thanks!! shirley

answered Aug 18, 2005 11:46 AM

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oh yeah, the collection agency that is contacting me now is 'OMS' Oxford management services. ever heard of them and what kind of reputation they have? thanks, shirley

answered Aug 18, 2005 11:49 AM

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OMS has its headquarters in Melville, NY and the regional headquarters throughout the United States. You can contact them at 1-631-470-9800.

You can also check the rating of this company in the BBB and see if it has any consumer complaints in the FTC and BBB.

Let us see what other community members in the forum have to say

answered Aug 18, 2005 12:26 PM

ben
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I'm still scratching my head as to why they're passing it around so much. a collection agency will write me and before the 30 days are up, they've passed it on to someone else. could this be a good sign in my favor? I've asked for validation before, from other CA several months ago and its been passed on twice since then. I'm thinking that if they have the 'proof' then wouldn't they have done something about this by now? I can't even count how many collection agencies have had this account from the on set..but its a lot, and they pass it on. thanks, shirley

answered Aug 18, 2005 02:04 PM

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Shirley

One of the main reasons of your credit score getting lowered is that there might be a lot of enquiries due to the shifting of collection agencies.

You should think about taking a legal action against them.

You can also send a dispute letter to the bureau and add a 100 word statement in your credit report. Your statement should be viewed positively by your lenders.

Regards
Roxette

answered Aug 18, 2005 04:05 PM

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Hello, I am contacting you for a little direction. I have been contacted on 3 different occasions over the past 4 months by Encore Collections for a bad debt for $1,500 to Zales Jewelers.

I have explained each time that they have the wrong Wayne Evans and each time they tell me they will correct the situation. I received the third call last night ( the conversation got heated and the Account Manager I was speaking to hung up).

What can I do to stop the calls?

Thank You
Wayne D. Evans

answered Sep 7, 2005 08:36 AM

Anonymous
1 

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