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CA hasn't responded to debt validation letter. Now what?


momoney4me
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They don't have to respond to the debt validation letter; but if you disputed to the CRA - they must update reporting to show account in dispute. If not you have them on a violation; should this go to court you can throw this at them. But also if it goes to court you can also point out their failure to validate the debt. This will then have to be addressed before they can be awarded a judgment if they deem to take it this far. DV is used for various results - sometimes you can chase them off - meaning they returned the debt back to the original creditor (then while it is back with the OC you may take the opportunity to try and settle) otherwise later you may just find another collection agency trying to work the account.

You can send out a second letter to them restating that you want debt validation. I am not to good at this part; but be sure to read other postings here. You will see sample letters showing what others suggest for a follow up.

[Edit by kb9tbq on Saturday, April 12, 2003 @ 02:52 PM]

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I guess I should have elaborated more. Oh well, I'm old! What KB says is right. From what I understand about the second letter, is that it adds to the trail, and upon still no response from CA, this gives you more of an edge for immediate removal from CR. As to writing, do as KB says.

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What if you sent the DV letter out to the CA (who is reporting on your CR) and you ended up having to pay off the debt to the OC a week later - and you just disputed with the CRA to try to get the CA tradeline deleted...when the CRA contacts the CA they are still bound to report this tradeline disputed, right? Also as I understand it the OC is to instruct the CA that the account is paid and therefore closed. The CA's reported balance will be wrong until update. With luck (lol) they may delete, BUT if they don't, what course of action would you suggest? There's no settlement leverage now, but I don't really believe they can validate this account, it's old and I never received a mini-miranda letter - just showed up on the 'ol credit report. Whaddya think?

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All really depends on the contact agreement between the Original Creditor & the Collection Agency - some of them now have agreement that should the consumer pay directly to the OC; they are to immediately forward payment to the CA. So they can take their cut.

Try to get the OC to retract (recall) the collection back from the CA; the collection agency has to honor this and remove their reporting.

If not going to work this way; your only recourse is hoping the CA don't verify with the CRA to get removed that way.

[Edit by kb9tbq on Sunday, April 13, 2003 @ 09:46 AM]

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Thanks for the heads up. Great info.

I was looking in the FDCPA for something that might speak to me having never received a mini-miranda letter from the CA. On my CR it says it was placed for collection in 1999, but it only showed up on my CR last month. So three years after the creditor (who I paid off this month) placed it with the CA, the CA finally decides to post it on my CR. Isn't there some way I can use not receiving a mini-miranda against the CA. Am I correct in strictly dealing with the CA on this one? Because the creditor is paid off and that's that with them?

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Sorry I am not legally minded in this matter - LadynRed knows more on this or even Swede.

But they should of said something on this matter; I am just not sure if verbal communication counts as well as written.

If you look through the other posts here in the collection section; I know this has been answered before.

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