validation sent by Oxford Management

Hi Shirley

Do you think that the payments you made and shown in their letter is correct?

Legally speaking, it is not complete validation since you have not got the complete details of your account and also the break up of your interest calculations.

Have you discussed this matter with a debt counselor? I hope he will give you some positive ideas.

Regards
Roxette

Yes, from what I can tell, the last 6 payments that they show on each of the two accounts, are correct. This all started because my husband had lost his job. I went on a debt management program and dell financial REFUSED to accept me on the program and refused to do anything to help, other than demand their money. I made payments to them for about 6 months on the program...I got further and further behind with them. They were charging late charges because they wouldn't move the due to date to fit my schedule with the debt management people. Then they charged me for not making the full amount due. It was a disaster. I wrote letter after letter---these people would not budge an inch. Since I was getting no where with them and they would not work with me, I had no choice but to stop payment to them. Me and my husband were in a bad situation and we were basically having to deal with the 'wheel that squeaked the loudest' and still keep food on the table, so these people were dropped. they did a 'charge off' and turned me over to collections. now its went around and around from collection agency to collection agency. They didn't give me what I asked for. I didn't ask for the last six months of payments as proof. I asked for more. I also added in the validation request to NOT CALL MY HOME---written correspondence only and since they sent me this letter, they are calling every day, several times a day.
so, should I sent _yet_ another validation request and another DO NOT CALL letter? whats my next step here?? thanks, shirley

Shirley

What you have done so far is within the legal rules of the fdcpa law. If they would have been able to give you results, they would have done it at the first time only. Sending a debt validation request and DO NOT CALL notification will only make them feel stronger in their opinion.

I suggest you to gather all the proof and consult with your lawyer from here. I hope you will be able to see some positive results with the help of your attorney.

Do keep me updated about it.

Regards
Roxette

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• The details of the account.
  
  
• All the calculation should be shown of the amount that is owed.
  
  
• Any copies of the papers to be furnished that shows the payment agreement.
  
  
• Provide a verification or copy of any judgment if applicable
  
  
• The original creditor needs to be identified.
  
  
• The Statute of Limitation needs to be proven for the collection of the debt.
  
  
• The license of the collection agency applicable in the state is to be furnished along with the license numbers and Registered Agent
  
  
• Proof of the agreement that the debt collector has purchased the debt or has been hired by the creditor to collect the debt from the debtor as this is the basic contract law.
  
  
• Complete payment history showing the details of the creditors, payment history, amount of the debt, break up of fees/interest should be provided in paper.
  
  
• A copy of the original signed loan agreement between the debtor and the original creditor establishing the debt between both the parties also has to be produced.
  

well I may have messed up then. I sent the validation request but didn't send it registered return receipt. I sent it regular mail. But they got it, because they referred to my letter and sent the six months activity on both accounts. should I send them another validation request but tell them I want more details about this account, more than just proof of six months worth of payments in 2003--and send it registered this time? (put in all the points that you have listed in your post). on these accounts, one is $1,700 and the other is $548. thanks, shirley

Yes, follow the steps and send it certified. You need to have complete debt validation details from the CA.

Hi! I stayed up really late last night, drawing up another set of validation letters to three separate CAs. I've asked for validation on these before. Two have ignored me and the third was the one that sent a photo copy of six months worth of payments in 2003--. They were all sent regular mail before. But these, I took up to the post office and sent certified return receipt. If I had of done it this way the first time, I wouldn't have bothered sending a second one. But I had to do this to protect myself and cover my basis, if anything should occur.
thanks Roxette. I appreciate you always being there. =) shirley

Thanks Shirley. (I see you with an avatar. Is that your picture? :D ) Just curious

yes, that be me...lol
I have several that I'm going to switch around

Wow!! I know you since 5th May 2005, and it is really a pleasure seeing you for real this time. :D

Regards
Roxette

thank you!!! you should put a pix up of you, so we can put a face with a name. hugs, shirley

Ok.. I will get it done..thanks

okay-an update on these two accounts with Oxford. THey're the ones that I asked for validation from and they sent me a photo copy of the last six payments made on the two accounts. also when I asked for validation, I put a 'do not call' paragraph in my letter. They still continued to call every day. Usually its once a day. So, I then went and send them another validation letter with another do not call request. nothing back except calling me once every day on my machine. Its a recording from them. since I didn't send my letter properly, I send another one certified, return receipt. still nothing but a phone call a day. They have never stopped calling. I guess in their minds the copy of the last six months should be validation enough. haven't heard anything else in writing from them. and I have a rule that I talk to no one on the phone. written correspondence only. I have explained this. yet they call every day. shirley

Shirley,

Have you specified clearly the items that need to be included in the validation letter? I hope you must have sent the list of all the items that requires information.

If they don't stop calling you, you should consult your lawyer. You have sufficient reasons to file your case against them.

I have the letter in front of me....this is what I asked for

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Have they reported in your credit file with any negative remark as collections?

If yes, and your debt not being validated as per the fdcpa laws, it gives you the room to file a legal case against them. You have so much proof to file this case. Regular contacts and the failure to validate the debt, regular phone calls, if they are reporting negatively at your credit report..

On the Equifax credit report that I just got. Its just showing as a "charge off". They did report to credit bureau on 4/2005 as a charge off (which they have since, thats the most recent activity. THere aren't any collection agencies on the report. The first account was opened on 9/2001. date of last activity on my part is listed as 9/2003. how do the SOL work, five years from it going into 'charge off' or five years from when the account was orginally opened? thanks, shirley

SOL is determined by the date of last activity in an account. As I am reading in your post that it was on 9/2003, this makes it within the SOL period. Are you sure that this date is posted correctly in the credit report?

Thus, this debt is still within the legal collection period. The file will get hurt if your accounts are shown as collections. Before it does, things should be straightened up. I am assuming that the collection agency will also not be posting negative mark as they don't have the base.

nope, Dell is just reporting as 'charge off'....and no collection agencies are on my report. I guess now, if I can't get validation, I should try to get credit bureau to remove from report? how long will dell continue to post as 'charge off'..until I try to get it off, or 7 years?

Charge off is accurate negative information and it can't be removed from the file before the 7 years reporting time. This is dictated in the Fair Credit Reporting Act.

If a charged off account is paid off, it will be shown as 'paid charged off' which will slightly improve your file in terms of credit. Your scores will increse from where it is now.

This is upsetting in a way. I mean, I get it.
And Dell is reporting truthfully. THe accounts were charged off, I can't argue that with anyone...but I am beating my head against the wall trying to get someone to respond to my letters regarding validation. AGAIN, not disputing that the debts aren't mine just want proper information (that is legally mine to get), so that I can go in a forward direction in paying these off and getting them taken care of. But not getting any answers. And now Dell says they can't help me, which I take it that the accounts belong to other collection agencies but they're not talking either..just passing around every time I ask for validation. So on one hand its great that Dell no longer has the accounts....AND that collection agencies may drop due to not being able to validate...but it still stays on credit report?

Things are stuck up at this point. I see myself in this situation and can't exactly figure out how to work further. Only one thought is coming at my mind right now!! I should write an explanation to the consumer protection office in your state. I hope they might be able to offer some constructive suggestion at this point.

thats what I love about you Roxette. You're always trying to feel what we're feeling, what we're going through and what it would be like if you were in our shoes. That on top of great advice, makes you awesome!!! thanks so much for always being there. big hugs, shirley

I will do some online search on this particular matter tonight and hope to get a way out. Wish me also a good sleep ahead :D

Good night, Shirley :D

good night Roxette!!!! :D

I went to your 'do it yourself' section and read up on the example letters. I was reading your 'Follow Up Letter to the Credit bureau on non-receipt of debt validation from the Collection Agency' and that can't even work for me. Well, it could if my accounts were being shown on my credit report as being worked by the CAs---but my credit report shows original creditors only. I have asked for validation and haven't gotten it, so if they were listed by CAs, I would have a leg to stand on and force the credit bureau to take them off my report. But since only the OC is on the reports, this doesn't apply to me. The only thing I can think of is to write credit bureau and explain the whole situation to them. How I been jerked around from agency to agency every time I ask for validation...no one will give it to me--and how I wrote OC and asked for their help and they said they no longer have any info on accounts and can't help. YET how can they report to the credit bureau then? they reported on 11/2003, 09/2004, 10/2004, 12/2004, 02/2005 and then 04/2005. They list it as charge off--each time. Is this much normal? It was almost a year from the first report to the second, then the next month, then the month after, then two months later and then two more months later. The last time was in April, now its almost december.

So, I'm a little confused about something---- Dell will always report that these accounts are charged off? right? up to seven years. I mean, think about it, they're saying that can't help me, no longer have the info on these accounts--so if the collection agencies aren't listed on my credit report as having the accounts and to show that I paid accounts off (when and if I get validation)--then it won't do me any good to pay them off? I mean, when Dell is saying charged off and the whole while I'm paying collection agency off thats not even on my credit report. I guess when and if that time comes, I will have to prove to credit bureau that accounts were paid and force them to take them off? But why is dell saying these accounts are out of their hands---yet, they're still reporting them periodically?

ALSO---another thought---I think legally, if someone cannot produce validation and you keep asking but getting ignored, they HAVE to take it off your report. But in my case, CAs are not on report. Since its only original creditor---do I ask them for validation and if they can't produce it, go to the credit bureau? I could show credit bureau letter from Dell where they're saying they no longer have these accounts and can not give me any info on them. in a way, this is almost like saying they can't validate.???? also in the letters, they list collection agency that is holding accounts--(how do they know this and yet have no info on my accounts?)--I could let credit bureau know that I have asked each CA TWICE for validation and still haven't gotten it. And how they have been through a whole string of CAs--switch out everytime I ask for validation.
Sorry that this is long...just a whole lot of thoughts came into mind while writing this. thanks, shirley

Shirley, I was thinking about this situation last night and have posted it in my previous reply. Have a look:

http://forums.debtcc.com/forums/collection-account.html

I requested validation from Oxford on August 23, 2005.They sent me a lame photo copy of the last six months worth of payments made on both of the accounts but that was it. Since my first letter wasn't sent properly, I sent another one certified-return request on October 27, 2005. I haven't heard anything else from them expect an automated phone call that I receive once a day--EVery day. In both my letters I requested NO PHONE CALLS.
In any event, they've sent me nothing through the mail (since certified request) nor anything I requested---I'm sure in their eyes, they have. But what should I be doing at this point? anything at all? I am disputing them with the credit bureaus--but as far as they go, should I be doing anything else except sit tight and wait to hear from them? thanks, shirley

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Okay--an update on this situation.
I originally wrote Oxford, asked for validation---didn't send it certified. They sent back a page with six months worth of payments made in 2003, on the two accounts that they're holding. Along with a torn half peice of paper that said 'give us a call' hand written. I got to thinking that, to better protect myself, I needed to send validation request certified. Plus by sending another request, they would know that what they originally sent was not what I was after.

No respondence from the last request. Just a phone call every day. once a day every day. In both validation request, I said no phone calls. Yet they continue to call every day.

whats my next move?? I wrote Dell Financial, who is the original creditor, they can't help me--asked for validation, haven't gotten it--except the one time they sent what they call validation---and now a phone call a day.

Do I do nothing at this point? Do I write them back reminding them that I have asked twice now and have also said no phone calls?

thanks for any advice here. I have gotten my phone free of calls now, except for these people. and its because they can't respect what I have asked of them.
shirley

TravisTrittFan

Do you have a lawyer? I will look for one now because by this time, my patience is tested.

No, I don't have a lawyer. Sometimes think it would be nice to have one, just turn everything over to them and let them deal with it all...but have been working on all of this myself. Its alot of work but am bound and determined to get it done. shirley

All our best wishes are with you. I think that you should get results seeing the quality of work done to settle all these matters.

I have heard that the lawyers are to be paid hourly and their fees are also very high. Seeing that you have covered almost halfway, hiring a lawyer should be less preferred unless the situation becomes too critical. My best wishes are with you.

I requested a debt validation 2 1/2 months ago. How long do they have to respond? Can they still report this to the credit bureaus during this time?

They can take as long as they want but they cannot make any collection moves until they respond, including reporting or filing a lawsuit, if you sent your DV letter within the 30 day period of the dunning letter.

Why, what is going on with it?

It can be reported but must show "Dsputed by Consumer" on the tradeline.

:DPeter Pinto is CEO of Oxford Debt Collectors. His home address is:
135 malloy drive, east quogue, new york 11946.
Worth $1.1 million - doing well from harrassing people.
He is married to Vanessa Langiulli Pinto