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Can you request validation from the Original creditor?

Date: Tue, 09/20/2005 - 05:12

Submitted by LCW
on Tue, 09/20/2005 - 05:12

Posts: 1151 Credits: [Donate]

Total Replies: 4


Last week my wife received a letter from an old bank that here account was over drawn by $4.67 (dues to a fee assessed by the bank) and we would need to make a deposit right side the account (she hasn't used this account in months, as we have a joint account with another bank. When we went to make the deposit on Saturday (about 3 days after we received the notice) The ATM wouldn't accept the deposit. Yesterday we received a letter stating the account had been closed and was overdrawn by $34.38. Obviously they added on to the fee, but since the cents amount is different (since most bank fees are a round number, I really question where they get this amount from. Can I ask them to validate the debt even though they are the original creditor?? I would like to know how they arrived at this new total.


Clay-

Sounds like your bank would be the better option to answering this question. Even if ATM fees were assessed, even then those are on the quarter. Could be $2.00, or $1.75, or $1.50.

It doesn't make sense how they came up with that number.

Do they have a "closing account" fee?

-Mike


lrhall41

Submitted by Teleport on Tue, 09/20/2005 - 06:18

( Posts: 1388 | Credits: )


Hi Clay

Banks usually charge various kinds of fees if a particular account is in default. It is usually tucked up with rolling fees, late fees, over limit fees, processing fees and many alike.

Clay, do you have any periodical sent by your bank at regular intervals? You will be able to see the revised fee chart in that periodical.

However, asking to verify the account you can send a letter to the bank. They will break up each and every transaction and give the total amount that you have to pay.

Regards
Roxette


lrhall41

Submitted by roxette on Tue, 09/20/2005 - 11:13

( Posts: 4009 | Credits: )


Roxette, I got this letter you posted in other thread requesting creditors to validate the debt.
[quote]
Date

Your Name

Name and Address
of original creditor

Re: Acct # 000-000-000-000

To Whom It May Concern:

This letter is regarding account # 000-000-000-000, which you claim I owe. This is not a refusal to pay, but a notice that your claim is disputed.

I am requesting validation, made pursuant to the Fair Debt Collection Practices Act. Please note that I am requesting "validation"; that is competent evidence bearing my signature, showing that I have some contractual obligation to pay you.

Please also be aware that any negative mark found on my credit reports from your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.

If you no longer own this debt, remove the derogatory marks from my credit report per the FCRA. Failure to respond within 30 days of receipt of this certified letter will result in legal action against your company. I will be seeking a minimum of $5,000 in damages for:


  • Defamation

  • Negligent Enablement of Identity Fraud

  • Violation of the Fair Credit Reporting Act

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

Best regards,

(insert your name)

Cc: (Insert a lawyer's name here), Esquire
[/quote]
It is your legal right to dispute any item on your credit report, for any reason. If documented proof that discredits your dispute isn't provided within 30 days, it MUST be removed by law. This is why it is so important to send the dispute form via certified mail. Not only to insure its delivery, but to have documented time of when it was sent.


lrhall41

Submitted by ben on Tue, 09/20/2005 - 11:18

( Posts: 2034 | Credits: )