smitty6941 Posted March 30, 2007 Report Share Posted March 30, 2007 i received a debt validation letter from a ca and my question is can the ca send the validation info on their own company letter head. they did not show proof that they had a right to collect nor did they show any copies of papers showing i agreed to pay what they say i owe. i am very new at this and any help would be appreciated. Link to comment Share on other sites More sharing options...
myscoresawful Posted March 30, 2007 Report Share Posted March 30, 2007 i received a debt validation letter from a ca and my question is can the ca send the validation info on their own company letter head. they did not show proof that they had a right to collect nor did they show any copies of papers showing i agreed to pay what they say i owe. i am very new at this and any help would be appreciated.Are you saying that they sent you a letter (on the CAs letter heard) stating the figures they are reporting in the CRA?I don't think so. They need, I believe in the very least, either a screen print of itemized figures from the OC or something on the OCs letterhead.Even then, it's foggy, depending on the type of debt. Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted March 30, 2007 Report Share Posted March 30, 2007 You know, everyone disputes that an account statement on CA letterhead is not validation, but NO ONE has shown where it was successfully fought in court.The CA must show they have "intimate knowledge" of the account. If they know the name and address of the original creditor, the original account number, the balance on the account, the accrued interest (if applicable), the date of last payment (delinquency, activity, whatever), and possibly your SSN, etc - that to me means they have intimate knowledge.The only way to fight it that I can see is to go to the OC and ask them if they sold and/or contracted with the current CA to collect from them and go from there. Link to comment Share on other sites More sharing options...
myscoresawful Posted March 30, 2007 Report Share Posted March 30, 2007 You know, everyone disputes that an account statement on CA letterhead is not validation, but NO ONE has shown where it was successfully fought in court.The CA must show they have "intimate knowledge" of the account. If they know the name and address of the original creditor, the original account number, the balance on the account, the accrued interest (if applicable), the date of last payment (delinquency, activity, whatever), and possibly your SSN, etc - that to me means they have intimate knowledge.The only way to fight it that I can see is to go to the OC and ask them if they sold and/or contracted with the current CA to collect from them and go from there.For the most part, if a person is merely trying to work the system and get an account that really is theirs, removed from reporting through technicalities, then you're right, pretty much the fact that they have information that only you and the OC know is validation. In other words, if what they are presenting to you on their letter head is what you already know your bill to be, then they can probably prove it otherwise too.On the other hand, for example, I have one collection that a CA is reporting and I have NO information on. I really have no idea what the bill is for and believe I don't owe it. In this case, they WILL show me a bill or I will fight it out in court with them....a simple statement on their letter head stating that I owe it, is not going to do. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 30, 2007 Report Share Posted March 30, 2007 The CA must show they have "intimate knowledge" of the account. LOL, where are you getting that from? The CA is not obligated to have much knowledge of the account. It is their duty to get the information from the creditor and forward it to you. "Look xyz creditor is saying you owe $350 and here is a statement from them saying you owe $350". It's not their job to investigate the validity of the creditor's information.The only way to fight it that I can see is to go to the OC and ask them if they sold and/or contracted with the current CA to collect from them and go from there.I ask the following question all the time.How do you think the CA obtained documentation about the debt? Say you are a financial institution or health care provider. Are you going to give records to a company you have not contracted to do business with?Exactly.If a CA is able to get copies of OC records and forward them to you, that is pretty compelling proof that they are properly assigned the account.Now... Maybe for a 10 year old debt that's been sold over and over again, a photocopy of an old billing statement doesn't mean quite as much. Link to comment Share on other sites More sharing options...
nascar Posted March 31, 2007 Report Share Posted March 31, 2007 For the most part, if a person is merely trying to work the system and get an account that really is theirs, removed from reporting through technicalities, ...Your debt or not, if the JDB did not come into the account legally and cannot prove they have legal standing to collect on the debt, you have no obligation, moral or otherwise to pay them. I wouldn't really characterize that as a technicality. Right of assignment is just as much a part of your contract as your promise to pay and no less important. Why shouldn't we demand that it be done correctly? Link to comment Share on other sites More sharing options...
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