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Debt Validation Question

Date: Tue, 02/17/2009 - 13:49

Submitted by jonmic1
on Tue, 02/17/2009 - 13:49

Posts: 9 Credits: [Donate]

Total Replies: 7


I wrote GL Recovery Group on 12/15/2008 Just today 2/17/2008 (62 days later) I received a letter from them. It read " Per your request , enclosed is a statement to validate this debt. This dispute has now been resolved. If you have any further questions contact our office. To avoid further collection activities call our office within 15 days to make payment arrangements."
They sent me an old statement from 12/2004 it's a photo copy and I don't really understand it. This was a card I was an authorized user on.

First question : What are CAs supposed to send if they validate a debt?

2. Aren't they supposed to validate it within 30 days? (sent registered maid return receipt req)

3. Last question, while the CA is validating is the item to remain on your credit report?

I would really appreciate an answer on this . I thank you in advance.

One more thing, GL recovery has on my credit report an "open date of 5/2008 " the account was open in 2001

Thanks


If you were an authorized user then you are not liable for that, you were just put on the card to use it, but never signed anything correct? If this is the case, then you need to send them another letter explaining that you were an authorized user and in no way responsible for that debt. Tell them if they wish to pursue the matter then to send you something showing that has your name on it as responsible for this debt. Also inform them that they had better remove this item from your credit reports or you will have no choice but to sue them in court for violating your rights and damaging your credit purposely.

I'm curious..the statement they sent, did it even have your name on it? Usually authorized users don't even get a statement..only the actual cardholder does...so this statement should have the name of the person who opened the account, not yours.


lrhall41

Submitted by goldenbast on Wed, 02/18/2009 - 01:01

( Posts: 2884 | Credits: )


They recycle paperwork and "proof of debts" then reset the debt date.
I would send them another letter with a copy enclosed showing the date of what they sent you, the FDCPA section which states how much time they have to respond as well as the envelope the letter came in showing the post mark.
let THEM know that since they did not follow FDCPA, they are in violation, the debt is invalid and you are reporting them.
Then report them for providing you with false and out of date info.


lrhall41

Submitted by on Wed, 02/18/2009 - 07:53

( Posts: | Credits: )


There is no time they have to respond by, they could never respond if they so choose. The key thing is that if it was a timely DV (during the 30 days after you got the letter) they have to stop collecting upon it until they provide validation. It doesn't stop them from simply selling the debt instead of validating it.


lrhall41

Submitted by goldenbast on Wed, 02/18/2009 - 08:17

( Posts: 2884 | Credits: )


Make copy of letter they sent you and envelope with post mark on it, send it back to them and tell them they have violated FTCPA by not replying in the time allotted and they have replied with invalid info.
Then tell them you demand proof of sale of the debt to them and who sold it and for how much.
Then report their illegal tactics to govt agencies, not that it will do much good but you will recieve an email from the govt agency stating they recieve your complaint. Also send that to these "debt" collectors.
Do everything via USPS (united states postal service) and do not take calls from them nor communicate via email as email is not recognized in all states as "valid" communication in courts.


lrhall41

Submitted by on Wed, 02/18/2009 - 08:25

( Posts: | Credits: )


Guest, there is no violation on time allotted response because there is no time to respond by any of the laws (some states have their own, such as Texas) but the federal level has no such time demands.

The major point the OP needs to raise is that as an authorized user, they are not financially responsible for the card. They need to point his out in a certified letter and demand the collections cease and that they remove this blemish from the credit reports. That way, if they either continue collections or they do not remove the listing from the reports, they can take them to court and sue them because the fraudulent listing hurt their credit score.


lrhall41

Submitted by goldenbast on Wed, 02/18/2009 - 13:03

( Posts: 2884 | Credits: )