What to do next??

Until he provides you with the documentation that constitutes validation (from the original creditor) they cannot proceed with collection of the debt per ???? 809 (B)

JCEMT, is continuing to send you bills requesting payment considered a vilolation during the validation process?

It's continued collection activity, so yes, I suppose it would.

The cover form letter that is sent with the final statement from the sttorney's office states: Said statements are sent in response to your request for validation. Upon receipt of smae if you would like to discuss a settlement payment, or a payment schedule please contact our firm.

hello granie--

Question for you--are the statements printed up from the original creditor, or is this some statement that the collector printed up? Can you tell? If it is not from the original creditor, then they did not send you anything meaningful at all. The fdcpa clearly states that once you request validation, they must cease collection activity completely, contact the OC, get validation of the debt from the OC, and then send it to you. An attorney who acts in any debt collection capacity is a debt collector under the FDCPA and is thus subject to the law.

Just in case, can you post the name of the attorney and the state you live in?

Also, if he takes you to court, your affirmative defense would be that the suit was brought illegally, violating the Fair Debt Collection Practices Act. because you requested validation and have yet to receive it, it is against federal law for them to file a lawsuit against you. BUT--you must bring this up to the court, they will not invoke it as a defense on your behalf automatically. If you dont use it, you lose it, so to speak. Also, it sounds like this might be an old debt, outside the SOL as well. And validation would prove that either way.

Skydivr

This debt is for a secured credit card account with Fleet at that time. The statement is a copy of a statement from BOA, there are two entries dated July 05 one is for a debit and amount, the other is for a small business fee amount. Payment due date shown is from 8/22/05. After the first request I recieved two statements and then just one both statements are different. the first one did not show this debit or sm business fee with amounts. I questioned two transactions in one of my letters but no response to that either.

BOA either sold it to or it was bought by Laridian Consulting, LLC. never recieved any from Laridian Consulting, LLC. Then in October 2007, recieved a letter from the law office of Fein, Such, Kahn,Shepard, PC, located in Parsippany, NJ.that they represent Laridian Consulting, LLC.

I also did some research on Google and found out that Laridian Consulting, LLC located in Wayne, NJ and listed as a debt buyer and the law firm is also listed in Retail Collection Attorney Network.

ok, so let me get this straight--they sent you individual statements that are dated somewhere within the life of this debt, and expect that to pass as validation of the debt's current status? wow.....just wow....

When was the account closed?

This makes no sense at all--I would hope a lawyer would know better than to be this flimsy. If a lawyer sent me that after asking three times, I would actually be insulted that they would think I was dumb enough to think that was sufficient.

OK, first, what state do you live in? We're going to do some checking for you and cover all the bases we can. Lets start there.

I live in New Jersey.

Yes, they send me two statements,both of they copied, they look like a statement you would get in the mail if the account was open and nothing else. One statement is dated 2004, they other is dated 2005, both showing different amounts due and different amounts owed. The last two statements they sent with the cover letter they just crossed, put a line throught the first date and hand wrote the new date, on the last letter they sent it certified mail return receipt. It was the exact same information I have gotted twice before. Nothing else is being sent to me for proof of validation. I do not remembe when this account was closed.

wow...did they cross out a date and hand-write a new one in on one of the statements, or was that on a cover letter?? PLEASE tell me that wasnt on a statement!

At this point, honestly, I would send them a certified letter telling them that what they keep sending does not in any way resemble proper validation as set forth by federal law. As such, they are to immediately cease all communication and activity on this debt. Remind them that the fdcpa prohibits continued collection activity of any kind because they were asked for validation and refuse to provide it. Let them know that in addition to the law requiring them to cease collection activity entirely, that they are not allowed by law to continue reporting this on any of your credit bureaus--if they choose to do so you will sue them for violating both the FCRA and the FDCPA.

I would end it with something along these lines--

I consider this matter to now be closed, due to your complete lack of ability or desire to obey federal law concerning validation of the debt in question. Should you persist in taking any further collection action against me, it will be met with a lawsuit for repeatedly violating the Fair Debt Collection Practices Act. You have had three chances to validate, even though the law only requires one chance. You have failed each time to provide any sort of proof that there is a balance owed on said debt, that it is owed by me, and that you have the legal right to collect it. You have also failed to meet the burden of proof that federal law places on you as to the amount allegedly owed.

Well, I like to ramble on a bit, but I hope that gets the message across. I wouldnt wait another minute for them-you already gave them three chances to prove the debt, and they either cannot or will not, so thats where I would put a stop to it.

And, if they do continue, I would do as that states, gather everything together and sue them for being perpetually ignorant. Geez, a law firm, acting like they dont know the first thing about the law!!

Yeah, Skydivr7673, the hairs on the back of my neck stood up when I read that about crossing out the date and writing a new one. I do think granie meant it was on the letter itself, though, not the statement. Did you granie? Please tell me an attorney's office wouldn't try doing that to a statement.

Three strikes and you're out seems about right in this case. They've had ample opportunity to correctly comply with granie's request and can't, or don't want to, do it. Let them know they're out of gas then see what heppens. Make sure you hold onto all paperwork relating to this, though. They might try pulling a fast one and filing suit.

I also find it interesting to note, the observation you made that the attorney's office would think someone was dumb enough to think providing copies of a few statements constitutes validation. The fact they included the little letter about contacting the office to discuss payment options indicates to me they were banking on someone being that dumb.

Not calling you dumb granie, just indicating what their thought process probably was.

It was the cover letter they crossed off the date January 3, 2008 and wrote in 1/29/08 2nd submission and attached the same statement and then for the third time they send the same cover letter and same statement and sent it CMRRT and regular mail which I just picked up yesterday at the post office. The cover letter says "Enclosed please find copies of your final statements with the underlying creditor. Said statements are sent in response to your request for verification. Upon receipt of same if you would like to discuss a settlement payment or a payment schedule please contact our firm. Otherwise, we shall be proceeding. Please be advise that is an attempt, etc., ect. I also filed a complaint with the FTC.

I knew that you were not call me dumb.

Careful. Don't even associate with scam artists. Laridian Consulting is one. They dont even have an office (according to my friend who lives in NJ after viewing their website -- which by the way shutdown). They buy or look at OLD debt, and after you pay whatever debt, they attack you. Ask for proof. If not, you have nothing to prove. Remember, INNOCENT TILL PROVEN GUILTY.

these ppl...Laridian consulting......sent me a letter thru the superior court of NJ....scared me witless........for a credit card opened in 2005...we claimed bankruptcy in 2002 and as far as i know we opened no other accounts.....the supoerior court was enough to make me pay it off......1400+$.....whaT Is my recourse to get a full line up on this so called account?my email is deleted..pm if u can help me.......please put laridian in subject line ty:confused: