No validation by CA........

If you sent the letter to a third party collection agency and they did not "accurately validate" their claim then they are in violation of the FCRA and the fdcpa and could, if you were to take them to court, assess them with a $1000 federal fine per violation as well as any state fines that are allowed.

"Accurately Validate" means:

??? What the money they say you owe is for;

??? Explain and show you how they calculated what they say you owe;

??? Provide you with copies of any papers that show you agreed to pay what they say you owe;

??? Provide a verification or copy of any judgment if applicable;

??? Identify the original creditor;

??? Prove the Statute of Limitations has not expired on this account

??? Show you that they are licensed to collect in your state

??? Provide you with their license numbers and Registered Agent.



Since they didn't do that, advise them that are in violation and any negative items on your credit report from them is defamation of character and in violation of the FCRA and the FDCRA. Tell them you will take them to civil court.

Sue for:

??? Violation of the Fair Credit Reporting Act

??? Violation of the Fair Debt Collection Practices Act

??? Defamation of Character.



You'll win.



PS: I'm working on a letter for you now. :wink:

Attorneys are also bound by the fdcpa, the same letter should work for them. I have used the same letter on two attorneys in the past, the first one just turned it over to the second, and I haven't heard anything else out of the second one since.

Since then I found out the Second attorney isn't licensed to practice law in my state or his..

Just goes to show why I got the h**l away from T-Mobile. everything they do is a scam or shady. Everyone they associate themselves with seems to be shisters.

Just follow the bouncing ball. Send DV letter to the lawyer and add in the letter that you requested validation of said account from CA already and this is continued activity before being validated. Then wait for the next letter as they pass the ball around.

Keith-I also sent DV letter to Phillips-Cowen and have not been validated. But I continued to get calls on my recorder from them. So I sent another request for DV and also told them I had been contacted three times,and my info given to another party. To date,after that last letter,I have not heard anything. I would also suggest sending a letter to the attorney along with DV letter stating it has not been validated as of yet,but why are they contacting you before the validation.My guess is that you won't hear anything else from them. It seem alot of CA,once they find out you know the regulations,back off,especially if they have broken some of them..Best of luck,keep us posted...Karen

Hi

Under the federal laws, the collectors are required to validate the debt in writing. Although there is no set time period for them to give you the details, but if they are hitting your file negatively without valid reasons, you should explain the situation to the credit bureau. Highlight the item and send proof of the actions taken against it. The bureau will conduct the investigation on their side and give you the accurate results.

Have a look at the thread below on some advice about dealing with the collection agencies.

http://forums.debtcc.com/forums/pastdebt-summon.html