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Debt Validation


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An agency recently contacted me about a debt they claim I had from 1990-1991, of which I have no record of. They claim they have been sending me mail to this effect but had not received any until this phone call. Under harassment, I gave them a post-dated check, not knowing I had a right to validation of this debt (they told me they would give me that paperword after payment). I then immediately put a stop payment on this check, called them that I had sent a debt validation letter by registered mail as well as sent them a copy of my letter, all before the check was supposed to clear. All this happened within a week. The agency has threatened me with using the threat of a bad check. Can they do that?

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You shouldn't even bother with the DV. Even assuming the debt is valid, it is time barred for collection purposes. The next time you talk to them and they give you that bad check crap give them the "collection attempts on a time barred account is illegal" and see what they have to say.

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I also realized this after they inadvertantly gave me info on the debt they were trying to collect. At first they did not even have an account no for this debt which they claim was with a local bank. Finally, one of the agents gave me the account no. concerned, which I then called the bank and they have no such account under my name or social security. All this after I was told that it would be in my best interest to accept the settlement (which was 50% of the debt). I immediately contacted them and informed them that I had sent a letter of validation and in it, I stated that I was not authorizing the post-dated check until they validate the debt. I also found out online that post-dated checks and a stop payment on a post-dated check cannot be considered a bad check if I send the collector a "good faith dispute", which I did with the DV. I just don't like their tactics in which they try to intimidate you by claiming that you have broken the law.

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Do everything in writing. The statute of limitations on this debt is waaaay past due. They don't have a leg to stand on. Hopefully, in your Debt validation letter, you included that they must correspond to you in writing only? Once they attempt to validate (which I'm sure they can't) you'll be done with this.

GOOD FOR YOU to cancel the check! Keep records of everything. DO NOT UNDER ANY CIRCUMSTANCES speak to them on the phone!

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I did mention in my letter that they would have to correspond with me in writing from now on. I mentioned that this letter would also serve as a notification to them not to call me, email me at home or at work. They sent me an affidavit by email to the effect that they had bought the loan but I specified in my letter they would have to give me details of the original creditor as well as paperwork showing that I even took out this debt. Since I was not sure when they would receive my registered letter, I sent them a copy by responding to their email. All this before the due date on the post dated check. They even threatened to charge me with the cost of obtaining these documents but I found out online that this is actually illegal, they cannot charge me for obtaining documents they need to validate the debt. I am so tempted to call them but I will not do so until they respond by mail. They believe us to be stupid and to take whatever they say as legal advice!

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Another thing that is really making me suspicious of this CA is that the account no. given to me for this supposed debt with the local bank does not exist under my name or social security no. In fact, the bank said that the accot no. is missing a couple of numbers or digits but they still cannot find it under my name. Shouldn't this be grounds already for dismissal since the CA have their acct nos. screwed up?

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