What if a collection agency validates debt after 30 day?
Date: Tue, 04/20/2010 - 08:58
I sent the debt validation letter provided on this site to a collection agency named collectcorp the day after I recieved my first letter from them telling me they have taken over my credit card account from boa.I sent the dv letter with delivery confirmation on 2/19/10. The dv letter stated they had 30 days to validate my debt.I recieved a package from them just last week with a postmark of 3/31/10 which is past the 30 days given for them to validate.They also failed to properly validate the debt as requested in the dv letter.They failed to show me proof they have the authority to collect the debt,provide anything with my signature on it and instead only sent the past years worth of credit card statements and nothing else.I live in TN and the address for collectcorp is Arizona.They are licensed to collect in my state but I am wondering where I stand now that I can prove they did not send validation within the 30 days and did not validate properly by including all the information I requested according to the letter I sent them.What do I do now?
Unless your state specifically has laws that force them to valid
Unless your state specifically has laws that force them to validate in 30 days (like Texas does) then they can validate it whenever they feel like it, they just can't continue collection activity until they validate.
Now, these statements are only partial validation. Does the last statement reflect the amount they are now claiming you owe?
Also how old is this debt? If it is still owned by the original creditor and they are just acting as a collector they likely would not bother with sending anything proving they have the right to collect. You can make a quick call to the original creditor and ask where this debt is: if it is sold (and who they sold it to) or if they have it placed for collections and with whom?
Now if it has been sold then they do need to prove they are legally entitled to collect...otherwise how do you know who really has the account?
Also if they are charging anything other than what the last statement reads, then they need to provide a signed contract or agreement that states they are allowed to charge these things.
You should send them another letter that tells them a few statements does not prove anything other than a credit card existed at some point. Not that it was YOUR card, or anything else. As far as you are concerned this is not proper validation and should they take any action other then providing said validation, you will take them to court for willfully violating your rights.
Keep in mind that if the account is being worked third party, th
Keep in mind that if the account is being worked third party, the CA does none of the interest or late charge calculations...the creditor does. The CA collects what is placed and gets all the financial info from their client.
Is there a website I can go to check and see if TN has a law tha
Is there a website I can go to check and see if TN has a law that forces the ca to valiadate in 30 days? I did a random search and could'nt find anything. Also. The credit card statements I recieved reflect at least 5 years of credit card usage with the ending balance on the last month's statement for the entire time the card was in use which was about 5 or 6 years total.The statements they sent do not show how the entire balance was generated, only the last years worth of purchases.Thanks for your help!
