What if collector validates after 30 days?

[learlywine]

I received a collection letter for an old Cap. 1 debt to the tune of $2100. It is not out of SOL, though. I dv'd and asked for validation on Oct. 15th. I received a packet in the mail on Dec. 20th. That is more than 30 days. Do I have an recourse?

[razr]

They can validate at anytime, there is no time limit.

-r

[Amerikaner83]

They can validate at anytime, there is no time limit.

-r

yup

[myscoresawful]

"do I have recourse"?

Not really.

I mean, first of all, they are not obligated to validate anything, ever. If you reply to them within the first 30 days, then they MUST stop collections UNTIL they validate. If they never validate, they just can't ever try and collect. (not without violating your rights anyway). If you don't reply within 30 days, they still don't have to validate, but they can continue collections and reporting to the CRA. The only way to get around this, is if you are certain they do not have any way of validating and proving it is your debt, then you would need to take them to court, where they would have to show the judge proof that the debt is yours. If they can't do that, then they have violated your rights by reporting inaccurate info to your CR, which is when they would finally remove it from reporting.

If the documents in your packet are actual copies of your statements, then they have validated. I would be trying to work out some sort of arrangement with them because Cap1 does sue and you've stated the debt is within the SOL. You could probably get a settlement for less than what they are showing you owe. They keep VERY good records of everything and usually can validate.

Good luck