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DEBT VALIDATION

Date: Mon, 03/31/2008 - 08:08

Submitted by jamesellis1982
on Mon, 03/31/2008 - 08:08

Posts: 62 Credits: [Donate]

Total Replies: 28


I used one of the debt validation letter templates on this site and sent it off to a collections agency. I wanted to get some more info. from the people on this site that has done this before and actually got a reply back from a collection agency. If they do not give me what I have asked for can I keep requesting for the right information? The thing is I need to see receipts or some form of signature for the account that they are requesting to make payments off of. I am down to my last account and I want to take the right measures. At the same time I want to keep getting familiar with the rights I do have in the credit area.


The agency is Asset Acceptance and from the looks of the papers and my old credit reports from 2006 the balance has went from $4000 to $7000. The reason why I need proper validation is because I had my credit cards while I was in college and all of my paperwork was going to my parents house because they were paying the bills for me. I do not have any more of that paperwork because the house where my mother was living at the time got ruined by Hurrican Katrina. So all of those papers are destroyed. The reason why I need to get deep into finding some validation on my end is because my father left us while I was still in college and I heard from my aunt that he had a credit card and was using is all the time. I know I had credit cards being mailed to my house. So, who knows if he activated one of them. I just would like to see where this credit card was used and then I can base these dates off if I was in school or not. All of the credit cards I had were used while I was in school. I never used them when I came home. I just want them to dig a little deeper. If not I may have to file a complaint or something.


lrhall41

Submitted by jamesellis1982 on Mon, 03/31/2008 - 08:57

( Posts: 62 | Credits: )


From what I've read in the time I've been here, don't hold your breath waiting on validation from Asset Acceptance. Blue is not your color.

As to the situation re: your father leaving, you may need to speak to an attorney and/or law enforcement on that. You're talking possible identity theft here, and that's some serious stuff.

Given the facts as you've stated them, I wouldn't pay dime one without seeing some signatures. It just doesn't add up. If they harrass, send them another DV. If they try to sue, request DV in discovery. If they rack up enough violations, get an attorney and take'em to the cleaners.


lrhall41

Submitted by unclewulf on Mon, 03/31/2008 - 17:19

( Posts: 3172 | Credits: )


I have received falsified validation before, and I have also received what some may consider "partial" validation, but I have never had any CA actually validate the account as required by law. I am certain that it can happen, as people in here have gotten it before. But I just dealt with another one this afternoon--a small-time local collector placed a medical debt on my credit report in January. I disputed it in February, and they immediately verified it to the CB. I then contacted them and asked for the validation I was still waiting on. To this day I have never gotten anything, not even a bad attempt. So, fast forward to this weekend, I was checking the credit report again, and there they are still. So, knowing that I requested DV and didnt get anything, I disputed it with Experian again. As soon as they got the dispute from Experian, they called me today and left a message, telling me that I have a very important business matter that needs "immediate attention". Funny--they are violating both the fdcpa and the FCRA right now, all for a debt that they claim I owe $250 on. So, once I get NES fried in court and paying me for their BS, these clowns are next. Geez, one could almost make a living like this!!


lrhall41

Submitted by skydivr7673 on Mon, 03/31/2008 - 18:16

( Posts: 2036 | Credits: )


Well I followed UncleWulf's advice and sent off a debt validation letter with return receipt requested. Yesterday, I received the green paper that comes back to you. It did not have a hand written signature on it. It had a stamp with a department name on it with the date. So, I will just wait and see what happens with this.


lrhall41

Submitted by jamesellis1982 on Tue, 04/01/2008 - 07:56

( Posts: 62 | Credits: )


Don't hold your breath. Most collection agencies do not get copies of account documents. You will have to wait until they hire a lawyer and they sue you. They must then giver you the documents per a discovery request.

If they don't validate the debt in time, send a cease and desist contact letter. If they try to contact you again, confirm it in writing, and renew your cease and desist. Then, if they sue you, you can counter sue for violation of fdcpa.


lrhall41

Submitted by on Tue, 04/01/2008 - 08:04

( Posts: | Credits: )


Well, I appreciate the advice Guest. I will keep that in mind. I just know that I do have rights and I do not have to be scared of these CA's even they try to bully me. I work hard for my money and to make sure it goes to the right places.
Anyone have a template for a cease and desist letter because I am counting the days now for this validation from Asset. If they do not respond back within the given time frame then I will be sending them a cease and desist letter. Also, if they try and call me within this time period I will make sure to keep a copy of my phone records to see that they violated my rights.


lrhall41

Submitted by jamesellis1982 on Tue, 04/01/2008 - 08:13

( Posts: 62 | Credits: )


NNC posing as a regular guest again,don't pay any attention to that troll.if you do as the others advise the only one who will get sued is the CA.


lrhall41

Submitted by paulmergel on Tue, 04/01/2008 - 10:18

( Posts: 15514 | Credits: )


"How about you have the right to pay your debt and quit stalling? We know this debt validation crap is nothing but a stall tactic. I hope you get sued soon. You probably will."

Well thanks for your input. Dont get mad because I have people helping me inform me of my rights and not being so naive to give anybody my hard earned money before making sure its going to the right places.


lrhall41

Submitted by jamesellis1982 on Tue, 04/01/2008 - 11:54

( Posts: 62 | Credits: )


<<>>>

I thought we covered all this with you before, Nonsense? Validation is not stalling! It's forcing the CA to prove they should even be collecting on the account. It also forces the CA to proved how they arrived at the amount they claim the debtor owes; and not just some artificially jacked up amount they want to collect on. It also forces the CA to prove the debt is even owed by the person......

Wait a minute! Why the heck am I repeating myself again? We give "Nonsense" the same dressing down to the asinine comments he makes and he still doesn't learn. He just keep coming back, time and again, posting his lies and garbage and not even bothering to defend himself when we do.

What a sad, pathetic, lonely person Nonsense is.


lrhall41

Submitted by FloridaRon on Tue, 04/01/2008 - 11:56

( Posts: 1190 | Credits: )


Assest Acceptance has not in three years provided me with ANY legal validation. They printed something out on their letterhead and sent it to me. When I questioned the SOL their staff lawyer sent me a letter stating that the SOL was current and she was requesting the ORIGINAL doc from the OC. Never got them.
If they are showing on your Credit Report dispute them with the agencies. State that they have failed to provide legally required proof of debt. If they respond and verify the debt I believe they would be in violation of the law because that would be a collection activity (which they have to stop until validation is completed).

Also check with your state to see if they are licensed to collect. Once I pointed out that they were not allowed to collect in California they completely ignored me>


lrhall41

Submitted by on Tue, 04/01/2008 - 20:44

( Posts: | Credits: )


cellular,

I am wondering whether you can share with me your letter to AA regarding they are not allowed to collect debt in California.
thanks


lrhall41

Submitted by on Tue, 04/01/2008 - 21:27

( Posts: | Credits: )


In the debt validation letter I used it states that they have to prove that they are able to collect in my state.

I noted the attached document, which was a print out from the California Sec. of State website (kepler.ss.ca.gov/list.html) showing that their license was forfeited.

They have since stopped contacting me.


lrhall41

Submitted by on Thu, 04/03/2008 - 23:02

( Posts: | Credits: )


Assuming that I have no response to my debt validation latter, based on a delivery/return receipt proof of April 7 (received and signed for) what date can I contact the credit bureaus to have the supposed debt removed from my credit reports? Do I just mail my copy of the front and back of the signed card, along with the online tracking proof that they did not respond? Or do I need to send in something else?
Thank you!


lrhall41

Submitted by smo65d11 on Thu, 04/10/2008 - 09:05

( Posts: 1467 | Credits: )


Congrats. You just got yourself put on the "quick sue" list for sending a debt validation letter for a debt you damn well know you owe. The next correspondence you receive will be a summons. Then when judgement is obtained, watch your wages be garnished, your property attached, and your bank account cleaned out. You tried to be cute when you should have been reaching for your checkbook.


lrhall41

Submitted by on Thu, 04/10/2008 - 11:19

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