Ignoring Validation Letter
Date: Fri, 01/30/2009 - 15:01
Throught the three years, from '05-'08, several collection agencies attempted to collect on this one debt. They were all sent validation letters and all failed to validate the debt. Fast forward to Feb 2008, the SOL on this particular debt was reached. The creditor wrote off half the debt and sold half.
In June 2008, I received a collection letter from Alliance One. They were attempting to collect on this account. They also had doubled the amount of the original debt (4x's the amount sold). I sent a validation letter (certified w/return receipt as always). I didn't hear from them again until Oct 2008 when they sent another letter, adding even more money to the collection amount. I sent them another letter asking for validation since they had obviously ignored my original request. The response I received was another collection letter, with even more money added.
So, a few days ago, I checked my credit report and Alliance One is showing as a collection for this enormous amount. This is the only negative mark on my account (besides the 3 settlements). Is there any way to dispute this and have it removed since they have failed to validate the debt and are attempting to collect incorrect amounts? What would be the correct way to go about doing this?
I appreciate any help!!!
You may have to sue them. If you sent the DV letter in a timely
You may have to sue them. If you sent the DV letter in a timely manner (within 30 days of getting the collection letter) then they can't continue collection activity until they validate. I hope you kept the other collection letters because each one of those is a violation.
You need to dispute the account with the 3 CRAs. Once the company verifies the account, they have violated further. NOW you have some clout.
Now you send them another letter, informing them that since they can't validate this account and have violated your rights on X number of occasions (# of how many collection letters you got after the first and for each verified credit report) that you are demanding they immediately remove the account from all the credit reports and cease any further collection attempts. If they fail to comply within 30 days, you will seek legal remedy against them for the willful violations of your rights.
Now, you should contact some lawyers if you can afford it (many will do it on contingency) but if you can't, you can sue them in small claims yourself, just have all your paperwork and copies of the FCRA and such to show the judge.
If it goes all the way to court here is a very good chance you will not only get the items taken off your reports, but you will also get $$$$$$ for your trouble. Heck, many times a CA will just settle for a certain amount so they DON'T have to go to court.
Are they showing the tradeline as "Disputed By Consumer"? If not
Are they showing the tradeline as "Disputed By Consumer"? If not, they are violating the FCRA. Statutory damages are per violation so $2500 x 3 CRA's.
Why? You can get the same results doing it yourself. Lexlaw is
Why? You can get the same results doing it yourself. Lexlaw is a waste of cash.
NASCAR_devil. How difficult is it to sue a CA yourself? I ha
NASCAR_devil.
How difficult is it to sue a CA yourself? I have two potential fdcpa violations cases (too complicated to explain here) and I'm ready to sue. How do I go about it?
Not very difficult in TX. Not sure about FL but you may be able
Not very difficult in TX. Not sure about FL but you may be able to file in Small Claims. Filing fees are fairly inexpensive. Go down to the courthouse or check online. The forms may be available there. You would need to file with the court and find out who the CA's registered agent is in your state so they can be served via their registered agent. I beleive I've sent you th elink to a website that would be a better reference for this.