Sent Debt Validation letter to Collection Agency and...

In the same letter, they said that if they are unable to contact me, that they will discontinue their investigation. Why do I need to speak with them in order for them to validate the debt!? This seems unfair.

What are my rights and what should I do? I'd really appreciate any help! :)

Anna, not knowing exactly what was in your previous DV letter, I would send them another letter along with a copy of their letter. Make sure to send it certified, return receipt requested. Even though some may say - that it is "your" debt, the fact that you don't recognize it because of the inflated amount, you can dispute it and honestly say you don't recognize it - and you never had a contract with this collection company. If they want to collect, make them prove they legitimately own the debt and have the right to collect it and for the right amount!

Your Name
Your Address
City, State

Their Name
Their Address
City, State

Date


Dear Collection Manager,

Re: Account Number #________________

I am writing in response to your letter dated ____________, 2010 (copy enclosed) regarding the collection on the debt account given above.

As per the FDCPA, I have the right to request a validation of this debt. I request you to prove that I am indeed the party who is by contract obligated to pay off this debt.

Please attach copies of the following documents:

1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.
3. Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.

I do not believe that I owe this debt and therefore I dispute this account.

In regard to your request that I call your office, phone calls from me are totally unnecessary in order for you to provide your documentation.

Best Regards,

Your Name (Typed)

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Paul, that is incorrect....this letter is not a violation of the law.

The FDCPA allows that the collector may contact the consumer AS LONG AS the contact is not a collection effort. For them to respond to your DV request by notifying you that they have sent this account to their dispute department is NOT a violation. If there was any way to construe that as collection acitivty, then yes, you would have a point. but that isnt collection activity, it is merely them responding to the dispute. The FDCPA also allows the exact same thing without penalty if you send them a C&D letter--they are allowed to contact you to inform you of their course of action on the account.

The only way that this could be collection activity is if they ask you to call a certain number, and when you do, the person on their end of the call tries to collect the debt over the phone. THEN you would have a case. Remember now, the FDCPA says that they must CEASE COLLECTION OF THE DEBT once it is disputed, it does NOT say that they cannot contact you for any reason other than to give you validation.

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Paul, youre misreading this one.

The CA never said that they would not investigate unless the OP called them. What they said was they will not investigate if THEY cannot contact HIM. Remember, he said that he sent them a DV with a partial C&D in it--and you know that most CA's will treat a partial like a full cease comm, right? If they are under a cease comm they cannot contact him back, and if they are unable to contact him back they wont investigate. And why should they? If they are legally not allowed to contact you back, how could they even get the results of the investigation to you? This would only be a violation if they continued to demand payment by any means.

And remember, the FDCPA never said they must cease CONTACT in the face of a DV, it says they have to cease COLLECTION. Merely contacting you is not collection activity unless they make collection effort in that contact. They contacted him to tell him that they sent the file to their dispute department and that he should hear from them soon....there isnt one word in there that is collection attempt. The only way it would be is if he called the dispute department number on that letter and on that phone call they tried to get him to pay. But that letter by itself is not a violation at all.

good points,but while there isn't a violation yet.their insistance on the OP calling them,or the investigation will be dropped is a thinly veiled attempt to get around the DV letter,and threaten them.i just wish the OP would post a scan of this letter.i'm curious as to the name of said bottomfeeder.the letter in my eyes says that the collector is aware of the FDCPA,and wants the OP to call them first.i would amend my first response on here,and say that the OP should forward that e-mail to their AG,and also respond to the e-mail this way.

i have received your communicae,and while me calling might in your eyes expedite the process.i don't see any need for it.i asked for validation,and if you can provide it then i will pay,but until then again i don't see a need to call.

how's that response?not standoffish,but to the point.then if i were the OP i would watch for further e-mails as theses places do trip themselves up as you skydiver are aware.

but thats just it--for some reason, you seem to be stuck on the wrong idea here. you keep saying that they told him to call or else they would stop the investigation. I dont know why you keep saying that, because it isnt at all what this debt collector has said. here, take a look again:

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In the second post - "In the same letter, they said that if they are unable to contact me, that they will discontinue their investigation."

I think what happened, she didn't post the whole letter in her first post and then added the additional information in her second post.

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Yes, I was thinking that skydivr missed that part. When you include the second post, I also take it the same way you do!

guys, the wording is the key. if someone is trying to force YOU to call THEM, they will not say "If WE cannot contact YOU..." Thats the whole point. Now, dont take that to mean that I side with the debt collector....because I dont. The letter SHOULD be illegal because in my book they dont have any reason to ask me to call them--it is on THEM to validate the debt and the law doesnt say that they need my input to make that happen. But--the law was not broken with this, and they did not try to force anyone to contact them. I do, however, suspect that if the OP were to call that number, he would get an earfull of crap, and excuses....

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actually, if the OP lives in a one-party state, I prefer to not let them know I am recording. Many debt collectors will try to put on an act and "behave" if they know youre recording the call. I like to catch them as they truly are. Since we know that many CA's cannot be trusted, it isnt like their one-time nice guy act will actually mean anything good for the consumer.

But even with them trying to get the OP to call, they are debt collectors.....thats what they do. That in itself is not illegal--it is perfectly legal for them to say "if you call us, we can expedite this matter". And truth be told, if the CA DID want to resolve it properly, then that communication CAN make things happen faster. I would call, and if allowed in my state, I would record the call. That way, if they ARE trying to get around the DV request, it will show up in that call, because they will go right back to trying to collect the debt. And if they do, I would have it all on tape. Just remember, if you ARE recording the calls, be sure to ask questions in that call to address the points you want to catch them talking about. If they try talking about you paying the debt in ANY manner, then its time to say "hey, you sent me a letter telling me to call this number to address my DISPUTE, it's illegal for you to now try to collect the debt without providing me validation first." Get that on tape....you will likely need it later.