Validation, the next step
Date: Wed, 06/06/2007 - 11:29
I also don't know how you can stop the collectors who give no in
I also don't know how you can stop the collectors who give no information about your debts and pass on the files to other companies. But you must make sure that they are not doing any kind of unauthorized reporting on your credit copy. If they have reported something negative, then they must give you the details without passing it to another company. Otherwise, dispute with the bureaus explaining your validation requests and the company has failed to give you a response. You should not let a negative item sit on your credit that has not been verified by the CA
hi guys, Once you send the DV letter, and get a response, yo
hi guys,
Once you send the DV letter, and get a response, your next move is dictated by the response you got.
1--NO REPLY....if you have waited sufficient time, and the CA did not respond to your DV letter, I send another letter. In this second letter, I tell them that I requested validation from them on (date), and they have refused to respond. This is a direct violation of section 809 of the Fair Debt Collection Practices Act if they have continued to contact you about this, or taken any other action such as reporting on your credit report. I would say that, since they are either unwilling or unable to properly validate this as a legitimate debt, you now demand that the matter be immediately closed. Mention that any further attempt to collect from you on this debt, including but not limited to phone calls, letters, and reporting to the credit bureaus, will constitute violation of section 809 of the fdcpa, and you will forward this matter to legal counsel for suit if they do so.
Many times, you will find that they disappear, but another CA is usually waiting in the wings to snap up the debt and start all over. My best advice in this situation is to continue the practice. Send each CA a DV letter, CMRR. And then go from there. Of course, this cannot go on indefinitely, because of the statute of limitations. Once you get to that point, where the debt is out of SOL, that is the only defense you need. Simply inform a CA in that case that the debt they are attempting to collect is no longer within the SOL and that they have no legal course available to them to collect. they cannot sue you if it is past SOL.
On a side note, I am going through a process right now that I recommend to everyone--check your credit reports regularly. All three of them, not just one. Often a CA will put an entry on there without contacting you, as I have found on mine. This is not legal, as the law requires them to contact you regarding your rights when taking any action to collect a debt, and reporting to your credit file can be considered such an action.
2--INSUFFICIENT REPLY....if they reply with only basic information, and not the info that the law requires them to send as proof of the debt, then send them a second letter. Inform them that their first letter did not meet the requirements of validation as set forth in section 809 of the FDCPA. The rest is the same--if they are unwilling or unable to provide proper validation as required by federal law, then you demand that they immediately cease all activity related to collection of this debt, and that this matter be immediately closed. They dont have a leg to stand on if they wont give you the validation that the law requires.
