Refused to validate

Once you have requested validation, under the law they must cease collection attempts until they can validate the debt. If they do continue trying to collect with out validating the debt ( and you can prove you asked for and they received your request (RE: CMRR here)they are violating the fdcpa. Keep good notes and you can sue them for the violations, up to $1000 per violation. Maybe it would even be enough to pay that debt off!!(I would call that poetic justice.)

This does not mean they can't send it back to the original creditor (their client) who can then send it out to another CA and start the whole process all over.

Clay is very right. Check your state's laws as well though.

If you've sent the validation letter CMRRRR, and you've also sent regular mail, you can send one final request letter. Making sure you've kept copies of all letters, you can send a request to the credit bureaus that they have been unable to determine that you actually owe this debt, and therefore have to have the item removed by law.

Regards-
Mike

This is the same thing I am going through right now with a collector that says they're collecting for a cell phone bill. They sent me a statement, I sent a validation request right back...never heard anything from them but now they're on my credit report. I knew this was illegal! ((THANKS CLAY!!)) and yes, a suit would be more than pay the debt off. thanks for the inspiration to sit down and write another letter! **smilies**

How long do they have to respond to your debt validation letter? If they don't respond before, can you have them removed from your credit report? :?

Hi dcashwell3

Usually the company must respond to the debt validation letter within 30 days although it has not been clearly listed in the fdcpa law. But, if the company fails to respond within the said timeline, you can explain the situation to the credit bureau and request them to conduct an investigation. If the account is found inaccurate, it will be surely removed from your file.

Regards
Roxette

OK,so Clay,Roxette,anyone let me see if I got this straight. Phillips-Cowan was sent a debt validation,got the return receipt today. They,well really LVNV,bought this from Sears,who went from LVNV to Resurgent to P.C. anyway I believe they have broken at least 3 violations. If I write to them,they haven't validated yet, and tell the I believe they violated and that the amounts of those would more than cover what I owe,would they consider this blackmail? :? They refuse to make payments,and if you remember,this is a card originally opened in 1982 and last made any charges in 13+ years. Only problem,over the years and stupidity,we have paid just finance charges,other charges(no purchases) for umpteen years.Well,I've thouroughly confused even myself :lol: Thanks for the help Karen

Hi Karen,

Nothing is illegal or termed as 'blackmail' as long as you are trying to get the accurate picture of your debt account. Moreover, the company failing to validate the debt can legally be charged for contacting you with invalid purposes. You have been paying something towards the said account. A company having the legitimate details about your account must be able to furnish your payments made so far. KWIM

Regards
Roxette

Thanks Roxette,guess I'll wait to see if they validate before I call. I figure they will say LVNV did it so they don't have too. I'll give them another week maybe and then try to call to do the Can I Do Payment dance with them again :roll:

Bossy4455, make sure before you threaten them, that you intend on following through on your threat...if you don't follow through, then they may try to use it against you in court or something, and it may look bad to the judge. So, just make sure you give them time, then follow through.

If you are dealing with LVNV, violations of the fdcpa are routine, with almost every communication with them. The main thing with then is to demand that they show competent proof that you are contractually obligated to pay them. When is the date of last activity on the account? Is it out of the SOL?

Yes,it is still in the SOL.I made a payment ot Sears 12-05,and LVNV bought in 1-06.Still haven't got validation from Phillilp-Cohen,but have received 2 phone messages from them. Iam not going to threaten anyone,just inform them they have broken the rules of fdcpa actually 3 or 4 times which is more than they are asking me to pay!

Quote:

Bossy4455

That indeed does seem unusual. If you were paying Sears in 12-05, it doesn't seem that this debt would have had time to have been charged off, and then sold. I might be wrong, but I thought that even charge off was quite a number of days after the date of last activity on an account. Also, a debt usually goes through a process of in house collectors etc, and lays around a while before being sold.

Write them a letter saying that you have sent a letter to them requesting a validation of this debt, and until which time they can prove that you owe the said amount, and that you are contractually obligated to pay them, they are to cease all telephone calls to you. (send certified, return receipt).

Thanks all,and mtwtx-it seemed strange to me too that it would happen that fast. I am going to send them a letter and say what you said. They still haven't validated yet,but I figure they are calling it good since LVNV sent one.,although LVNV didn't say anything in theirs except we bough this from Sears and you owe x amount of dollars. But when I talked to phillips-cohen,I told them,I don't know who you are ,you could be anyone,and I need proof you have the right to collect. I'm afraid they are goin to garnish wages instead of fooling with me anymore.

Check your states laws as well.