Making progres...but need help with dv response
Date: Sat, 10/24/2009 - 16:38
Let me start by saying… this website/forum has been a tremendous help with the achievements I've made with my credit so far. About two months ago I started off with a 429/Equifax and today, I have a 567. I still have a ways to go...but I'm making progress. : )
My question today is regarding the debt validation letters with collection agencies. The majority of the CA's or others that I sent letters to didn't give me any trouble but, I've got a hand full that are! When I sent my DV letters, I listed out exactly what I wanted in return. (Below is what I listed)
Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor)
Provide me with copies of any papers that show I agreed to pay what you say I owe. Including and not limited to a copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.)
What the amount of the debt and/or when the creditor assigned the debt to your company
What fees/interest have been tacked on to this debt and how you/they determined these fees. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
Provide a verification or copy of any judgment, if applicable
Identify the original creditor, if applicable
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
Well, in the perfect world they would just give up after reading my letter. Ha ha unfortunately, they didn’t! So, what happens if the CA only responds to my letter, with letter of their own they only included my name, the original creditor, and a balance? I have around 3-4 that did this. I'm not sure how to respond. Do I ask for the additional information or can I send a letter to Equifax stating the CA wasn’t able to validate the debt?
Also, are medical bills considered verbal agreements? I have one that is 4 years old and I wasn’t sure if I could use SOL on this one.
Thank you for your help,
My question today is regarding the debt validation letters with collection agencies. The majority of the CA's or others that I sent letters to didn't give me any trouble but, I've got a hand full that are! When I sent my DV letters, I listed out exactly what I wanted in return. (Below is what I listed)
Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor)
Provide me with copies of any papers that show I agreed to pay what you say I owe. Including and not limited to a copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.)
What the amount of the debt and/or when the creditor assigned the debt to your company
What fees/interest have been tacked on to this debt and how you/they determined these fees. This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
Provide a verification or copy of any judgment, if applicable
Identify the original creditor, if applicable
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
Well, in the perfect world they would just give up after reading my letter. Ha ha unfortunately, they didn’t! So, what happens if the CA only responds to my letter, with letter of their own they only included my name, the original creditor, and a balance? I have around 3-4 that did this. I'm not sure how to respond. Do I ask for the additional information or can I send a letter to Equifax stating the CA wasn’t able to validate the debt?
Also, are medical bills considered verbal agreements? I have one that is 4 years old and I wasn’t sure if I could use SOL on this one.
Thank you for your help,
well if the responses were written on their letterhead.then no t
well if the responses were written on their letterhead.then no they did not validate.even that info on the oc's letterhead would suffice,but anyone can type the response these places did.you can send letters to equifax,but they are really tough to get entries removed.as far as medical debt.don't know,but i doubt that there wouldn't be a paper trail.somebody should be along to answer that more clearly,but as far as validating.just sending a paper with basic info not on the oc's letterhead isn'tvalidation by any terms.
