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my first DV response


Andrenee
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Hello All,

I need some guidence with my next step. I got a collection letter from a local collection agency, so i know they are licensed in my state and everything. I sent them a timly DV letter and got my response today.

As validation all they said was that they verified the debt and that they were going to report it to the CRA as disputed. However, the only validation they gave me were print outs of unclear charges.

I know i am supposed to write another letter demanding validation or removal but my question is are they allowed to report this to the CRA as disputed if they didnt send proper validation?

Please advice....

Thank you!

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Hello All,

As validation all they said was that they verified the debt and that they were going to report it to the CRA as disputed. However, the only validation they gave me were print outs of unclear charges.

Is this your debt? Is it within SOL? How much $? What exactly did they send you?

At a minimum, the debt collector is required to confirm with the creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it.

I know i am supposed to write another letter demanding validation or removal but my question is are they allowed to report this to the CRA as disputed if they didn't send proper validation?

They are required by law to list the item as "disputed by consumer" while in the validation period.

-r

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Yes its within SOL, its a medical bill from my son when we used to not have insurance.

The papers they sent me look like a simple print screen. They just included a simple letter basically saying "we got your letter, we verified this is your deb and you do owe it and we will report this to the CRA's as disputed by customer", and then attached two peices of paper showing my son's name and some medical jargon. No where on the page did it say who the hospital was and what the actual balances were for.

They also didnt indicate how they got the debt to begin with, they didnt prove that the hospital asked them to collect the debt...i dont know if laws are differnt about medical bills but, the papers they sent definitley dont prove anything

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also, can someone help me with a sample response letter referencing thr FDCPA?? i would greatly appreciate that as well..

Thank you for your timely response to my request for debt validation dated 01/01/2007. Unfortunately, the information you sent in your reply dated 01/01/2007, is of no legal value and does not met the requirements set forth in the Fair Debt Collection Practices Act. I'm sure you are intimately familiar with the law, hence I will not quote it for you.

Once again, I have no knowledge of this account. If you want me to pay this debt, you must prove:

1)That I owe this debt;

2)That I owe this debt to YOU.

Unfortunately, your word on the matter is not acceptable proof. The data in your computer system does not meet any acceptable standard of proof either. Please send applicable documentation, if available. Copies of original documents are required. No doubt the error was just an oversight, however it is at my expense. At the writing of this letter, you still have xx days to send proper validation.

If after that date you have not validated the debt, you must delete any reference to this debt from any and all credit reporting agencies and cease your collection efforts. If you do not or will not comply, I will assume you are willfully disregarding the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and are acting in bad faith and for the purpose of harassment.

There ya' go.

-r

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