What is a valid Debt Validation ?? HELP
Date: Fri, 12/04/2009 - 10:58
They did not include that they were the owners of this debt now, nor did the provide any of the other validation requests such as proving that the statue of limitations is not up, or that they are legal to operate in my state.... etc. No letter of explanation other than simply duplicate copies of statements.
Is this considered a valid attempt to validate debt ?
validation
Validations is Proof that the collection company owns the debt/or has been assigned the debt. (Bob is legally entitled to collect this particular debt from you.) This is basic contract law. It is very difficult to get a judgment without a direct contract between collection agency and the original creditor.
-At a minimum, some account statements from the original creditor. If you really want to get picky, you can pin them down on the amount of the debt by requiring complete payment history, starting with the original creditor. This requirement was established by the case [URL="http://caselaw.lp.findlaw.com/data2/circs/7th/034108p.pdf"]Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.[/URL]
-Copy of the original signed loan agreement or credit card application. (Your contract with them)However, account statements from the original can fulfill these requirements.
You may find the following an useful reading. http://www.debtco
You may find the following an useful reading.
http://www.debtconsolidationcare.com/collection-agencies/debt-validation.html
Quote:Originally Posted by SCYou may find the following an usefu
Quote:
Originally Posted by SC You may find the following an useful reading. http://www.debtconsolidationcare.com/collection-agencies/debt-validation.html |
Thank you for the link SC, I will read up.
A few interesting points to my situation that I need assistance on.
My original debt if from American Express. Nationwide Credit is the CA.
I sent a DV letter with a cease and desist to an Atlanta GA address which was signed for on 11/09.
on or around 12/1, I received in the mail a large brown envelope from an address in Arizona with no company name in the return address. Only and address there. Inside the envelope was several years of Duplicate copies of American Express statements. NO letter to indicate who sent these to me whatsoever.
Also, during the 30 days that the CA had to reply, they had sent me settlement offers in the mail using very official looking AMEX envelopes and stationary. They clearly did not comply with the cease and desist.
I still have not seen proof that they now legally own this debt and they have not procured any type of contract between me and AMEX or that they are legal to operate in my state.
Since the CA is capable of sending settlement letters using AMEX letterhead and envelopes, what is to say that the duplicate copies of the statements that I was sent from an unknown source is in fact now just a computer printout from the CA ?
What concerns me on this is: The original creditor is American
What concerns me on this is:
The original creditor is American Express. The CA is Nationwide Credit.
I had sent Nationwide a DV letter that included a cease and desist until they can validate. The DV letter was signed form by them on 11/9.
I have been receiving settlement offers in the mail that appear to come from American Express, advising to contact NationWide to settle. These letters come on AMEX stationary and letterhead from a TX address.
The DV letter was sent to A Georgia address, and what was returned to me in a brown envelope with a return address in Arizona has no mention of the company that had sent it to me. Inside the envelope was only duplicate copies of several years of statements. I cannot tell if these are photo copies or not. The detachable portion of the standard statement where you would send with your payment is not detachable, it is one solid piece of paper.....does this indicate that it is a photocopy ?
How can I tell that this came from the CA as response to my DV letter ?
There is nothing in the envelope that proves that Nationwide legally owns the debt now or that they can legally collect in my state. They did not provide proof that I entered into contract with AMEX. Doesnt FDCPA state they a collector must provide the original source and agreement with that source that I entered into ?
i believe i answered this in another thread but in case i did no
i believe i answered this in another thread but in case i did not, i would deem this as validation. it is a personal choice and up to you if you do not feel as though they handled this properly. hopefully someone else will comment soon.
