The Next Course Of Action - Debt Validation
Date: Tue, 02/23/2010 - 21:15
Now what?
Anyone, ideas?
Quote:Originally Posted by ShazzersWhat would you do if you had
Quote:
Originally Posted by Shazzers What would you do if you had sent out 2 requests for debt validation, but still received no response? There are no negative marks made on the three CRA's yet from two collection agencies, but there are negative marks on the three CRA's from the original creditors. Now what? Anyone, ideas? |
how long ago were the DV letters sent?you know that if they report now it's an FDCPA violation.i would contact the OC'S and see what's up with the accounts.
Quote:Originally Posted by paulmergelhow long ago were the DV le
Quote:
Originally Posted by paulmergel how long ago were the DV letters sent?you know that if they report now it's an FDCPA violation.i would contact the OC'S and see what's up with the accounts. |
The accounts were written off, at least that is what it says on the CRA's site.
what does it say on the CR?does it say sold off as bad debt?that
what does it say on the CR?does it say sold off as bad debt?that makes a difference.
Quote:Originally Posted by ShazzersAll is says is: "Account char
Quote:
Originally Posted by Shazzers All is says is: "Account charged off". |
i would try to get in touch with the OC'S.whoever was trying to collect and you dv'd couldn't.i would really check into that.maybe the CA'S moved it along,or gave it back to the OC.i learned that just because a place charges off means they sell it,but you need to be sure.
Quote:Originally Posted by paulmergeli would try to get in touch
Quote:
Originally Posted by paulmergel i would try to get in touch with the OC'S.whoever was trying to collect and you dv'd couldn't.i would really check into that.maybe the CA'S moved it along,or gave it back to the OC.i learned that just because a place charges off means they sell it,but you need to be sure. |
Yes, that's what concerns me, they received the first validation request, and no response, I sent a second validation request about a week and a half ago, they signed for it also, still no response. I am helping a friend with two credit card charge off's, he is wanting to try to settle with them but I advised that first he needs to find out if these collection agencies are even legally able to collect on them. I'm just not sure where to go from here.
So basically you are saying he should contact the original credi
So basically you are saying he should contact the original creditors to see if they sold the debts? Also, the collection agencies he is dealing with right now may have turned around and sold them to another collection agency because they didn't have the documentation to validate?
If this continues from hand to hand, is there any way he can have the derogatory remarks removed from his credit report from the original creditor, or is that done and will remain on his report for seven yrs?
Quote:Originally Posted by ShazzersYes, that's what concerns me,
Quote:
Originally Posted by Shazzers Yes, that's what concerns me, they received the first validation request, and no response, I sent a second validation request about a week and a half ago, they signed for it also, still no response. I am helping a friend with two credit card charge off's, he is wanting to try to settle with them but I advised that first he needs to find out if these collection agencies are even legally able to collect on them. I'm just not sure where to go from here. |
i still would contact the OC.they might get irritated,but if they sold it then you need to know.then you just wait to see who comes a calling on it next if not the OC.
Quote:Originally Posted by paulmergeli still would contact the O
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Originally Posted by paulmergel i still would contact the OC.they might get irritated,but if they sold it then you need to know.then you just wait to see who comes a calling on it next if not the OC. |
OK thanks, I will talk to him today and suggest he contact the CC companies to make sure everything is kosher.
If you don't hear from the CA in, say, 30 days, that tells me th
If you don't hear from the CA in, say, 30 days, that tells me that they cannot validate the debt. If they can't, you probably won't hear from them.
I am assuming you sent the DV request via certified mail? If it wasn't, it is possible that the CA threw the DV request in the trash.
I guess you could follow up with a second letter, but if you haven't heard from them in 30 days you should be in the clear.
Quote:Originally Posted by AnonymousIf you don't hear from the C
Quote:
Originally Posted by Anonymous If you don't hear from the CA in, say, 30 days, that tells me that they cannot validate the debt. If they can't, you probably won't hear from them. I am assuming you sent the DV request via certified mail? If it wasn't, it is possible that the CA threw the DV request in the trash. I guess you could follow up with a second letter, but if you haven't heard from them in 30 days you should be in the clear. |
Yes, all sent certified, and second DV request was also sent certified.
I would call the OC and ask them who owns the debt. If they sol
I would call the OC and ask them who owns the debt. If they sold the debt then they can???t report as being owed the debt any more. Only one company can own and report as being owed. I believe they can report as having sold the debt though. Also consider disputing everything with the 3 CRAs and see if the OC validates or if the collection agency validates with the CRAs. If the OC validates then they probably still own the debt. If the CA validates then they own the debt but they violated the FDCPA and the FCRA I believe by validating a disputed debt with the CRA without providing proper documentation to satisfy your debt validation request. At that point keep a copy of the report as proof of violation in case you end up being sued and as a bargaining chip.[EMAIL="ewall_1999@yahoo.com"][/EMAIL]
