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What should you do when the CA does not validate a debt?

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What should I do when the CA does not bother to validate the debt even after making several requests? The CA is charging an exorbitant fee. They’re not explaining why they’re charging so much. The listing is there on my credit report. It is creating problem for me to buy a house in Half Moon Bay




Did you send the DV request in writing?? They are under no obligation to send you anything on a verbal request. Depending on the type of debt (which you didnt bother to give us information on) the CA may not be charging you anything....it could be the creditor adding the interest or it just could be a type of account that allows for interest. Without all the information, we could be just guessing.


Of course it is going to be a problem buying a house...you have bad credit.


Sub: #1 posted on Fri, 06/14/2013 - 06:00

SOAPLADY SOAPLADY
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(Posts: 17272 | Credits: )

I have a similar case. I sent a DV letter and haven't received a response. It's been almost 60 days since they signed for the letter (4/22). The debt is for a credit card. It's a huge amount, but the bank that had the account combined 2 separate credit card accounts, closed one "at customer request" (which I didn't request!), then jacked up the minimum payment because of an "extraordinarily high balance". Go figure! My state has a 4 year statute of limitations, and I'm not sure if this debt is already beyond that, or if it's next year. But it took at least 3 (maybe 4?) for a CA to even contact me about it. My belief is that the account details are so convoluted that it isn't possible to validate it. Since this CA has gone beyond their 30 validation date, they will have to sell it to another CA, and the process will repeat itself. I'm thinking about sending them a letter to tell them that they missed their 30 window, and to remove any negative items from my credit report. Is there anything about doing so that could be detrimental to my case? I figure that, if they did try to sue me, I'd then have 2 letters to present to the court, showing that they neglected the legal requirement to validate the debt.


Any thoughts? Thanks!


Sub: #2 posted on Thu, 06/20/2013 - 13:40

Unregistered


one unless you are in TX there is no timetable for a CA,or JDB to validate a debt so throw that theory out the window.now who is the collector?that might help in determining if they intend to validate,or not.


Sub: #3 posted on Fri, 06/21/2013 - 05:19

paulmergel paulmergel
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Are you in TX or not?


Sub: #4 posted on Fri, 06/21/2013 - 05:46

sanderspatricia29 sanderspatricia29

(Posts: 1234 | Credits: )

the only thing you need to worry about #2 is if the CA continues collection activity after they receive the DV letter.it is part of collections that if a CA can't validate they move it along.now you DV whoever contacts you in the future,but unless a CA keeps contacting after the DV.then you can sue them for FDCPA violations.


Sub: #5 posted on Fri, 06/21/2013 - 06:27

paulmergel paulmergel
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(Posts: 15514 | Credits: )

Sorry for the delayed response. No, I'm not in TX. I'm in Ca.


So, what exactly does the 30 day validation limit do, other than spell out a period of time that the CA can't contact or proceed with collections? If the debt is validated later on, can they then proceed to court? I was always under the impression (a false one, I guess) that if the debt wasn't validate within 30 days, the CA could never collect, and had to unload it on someone else.


Sub: #6 posted on Sun, 06/23/2013 - 09:06

Unregistered


You have 30 days from the time the account is placed with a CA to request validation. However the CA has no limit on how long it takes for them to get the validation material and send it to you. Look up the FDCPA.


Sub: #7 posted on Sun, 06/23/2013 - 13:47

SOAPLADY SOAPLADY
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(Posts: 17272 | Credits: )

Thanks, Soaplady! I had sort of wondered about that, but had seen on other forums where people were saying that the CA could no longer pursue collections if they didn't validate within 30 days.


So, I guess I just wait it out. It's been over 60 days since they signed for my validation request, so I'm kind of assuming they're having trouble getting documentation. I think the last payment that was made to the account was in April, either 3 or 4 years ago. I haven't been able to locate that payment, so I can't remember what year. If it was only 3, I'm hoping that they don't validate until this time next year. If it's been 4 years, I'm in the clear, since the SOL is expired. If they ever validate (or sue before validation, which could be fun!), then I'll get the exact date and see them in court, assuming they show up! :)


Sub: #8 posted on Tue, 06/25/2013 - 17:22

Unregistered


Only TX requires the 30 day validation....obviously the people in the other forums havent read the FDCPA. What does your credit report say about your last payment??


Sub: #9 posted on Tue, 06/25/2013 - 20:09

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17272 | Credits: )

Sometimes it takes a really long time. I sent a debt validation letter 15 months ago to a collection agency and I just got validation in the mail today.


Sub: #10 posted on Fri, 06/28/2013 - 14:31

firewoman firewoman

(Posts: 21 | Credits: )

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