asylum23 Posted January 15, 2008 Report Share Posted January 15, 2008 Please help me on what to do next.The CA never sent me anything in the beginning, what they did is report an outstanding, unpaid debt to all of the credit agencies. Then they started calling me.I have sent them no less than THREE debt validation letters. On the first one they sent me some sheet that made no sense w/ a bunch of numbers on it saying I owed $28, which supposedly I really owed around $200. This was not validation. They have ignored the 2nd and 3rd letters, both explaining they can not contact me until they validate.They still call me once per day, every day. They have not validated, they have not sent me anything else, even though they signed for my letters. This has been on my credit reports since before I even knew they were collecting.So what now? They are obviously not complying with any laws for debt validation. Besides making complaints to the Attorney General and Better Business Bureau, which I will do, how can I get this off my credit reports? I have already been refused credit b/c of this. I don't understand how there are laws to regulate these companies but then they don't have to abide by them at all. Link to comment Share on other sites More sharing options...
hiblues Posted January 15, 2008 Report Share Posted January 15, 2008 did they have your current address whenit first got to their office?The 30 day window may be overbecause they sent it to your last known address.if that is the case - they have not validated Link to comment Share on other sites More sharing options...
asylum23 Posted January 15, 2008 Author Report Share Posted January 15, 2008 Hello, yes they did. They even had my new married last name, it had changed since I had gone to whatever dr. this is supposed to be. I don't even know which dr. b/c I have never been sent anything. I have also spoken to them twice since this has started, they call from different numbers, both times they verified my address and it was correct, saying they would send me validation and never did, which is in addition to the 3 letters. Link to comment Share on other sites More sharing options...
Moneedshelp Posted January 15, 2008 Report Share Posted January 15, 2008 Did you dispute with the CRA? The second portion of the 1-2 punch. Look for the sticky on how to do this. Link to comment Share on other sites More sharing options...
asylum23 Posted January 15, 2008 Author Report Share Posted January 15, 2008 No I did not, I was waiting for their validation, which I'm betting they will lie and say they did validate. Though they have not. Is the CRA the same as disputing w/ the actual 3 credit agencies? They all have me down as a delinquent account. Thanks! Link to comment Share on other sites More sharing options...
asylum23 Posted January 17, 2008 Author Report Share Posted January 17, 2008 So do I go to the CRA? Then is there any way to get them to stop calling me short of changing my number? They call 1-2 times every single day, even without validating. Thanks. Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 Edit: I somehow misread the OP's post and went into this big, long response about untimely DV's...So ignore this one. Link to comment Share on other sites More sharing options...
asylum23 Posted January 17, 2008 Author Report Share Posted January 17, 2008 I am not sure where this response came from, to my post? No I did NOT verify anything thru the CRA, I only requested validation 3 times from the CA. That is the only step I have taken.No, I did not do it after 30 days. It was not late, I have copies of all the dated letters. They did not call me until AFTER they reported it on my credit. They have sent no letters and they are not even really saying that they have. Yes, they could lie eventually and say they sent letters to me, but they have not. The only thing I have ever gotten from them was a letter w/ a bunch of numbers and letter on it and an amount saying I owed $28. That was it. No validation, ever, and they are not insisting that they sent it either. Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 LOL! I don't know how I managed to get that confused with my response, but I even had myself looking ****-eyed at it. Whoops! You should be disputing the items with the CRA's. If you follow the DV flowchart, you'll see that it's a pretty important step.As far as your DV's...If you never received a dunning letter from them, there's no saying as to when your 30-day window expired...Or when it began. Link to comment Share on other sites More sharing options...
betam4x Posted January 17, 2008 Report Share Posted January 17, 2008 The whole point of this is that your DV was untimely, and therefore the CA doesn't have to do anything about it. The FDCPA only governs debt validation within 30-days of receipt of their dunning letter, and whether or not they actually sent that letter to you would be a matter that only a judge could decide in court. It's a he-said/she-said situation. When you DV outside of the 30-day window, the CA's aren't required to respond to you. They're not required to cease collection activity, nor are they required to provide you with any type of documentation. Since this CA in particular is obviously not being cooperative and is not falling for the untimely DV process (which again, they don't have to), you need to go a step further to request documentation and prove an actual violation. IMO, the best way to do that with someone who is furnishing data to the CRA's is to request an investigation per Section 623 of the FCRA. Since you've already disputed with the CRA's and your disputes have come back as verified, you've already completed step 1. It's important to note that the consumer laws out there intended to protect us do protect us and do give us power when they're interpreted correctly.I'm sorry but i will have to interject here. While the 30 days for debt validation is true, the FCRA states that only accurate information is reported to the CRA. If the debt is not his, then clearly the information is not accurate. Therefore the CA MUST investigate and prove that he does indeed owe what they say he owes. Failure to do so puts the CA at risk for a lawsuit. Chances are if the CA doesn't have enough evidence to prove the collection is accurate then they don't have enough evidence to take you to court, therefore the debt is as good as gone. Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 I'm sorry but i will have to interject here. While the 30 days for debt validation is true, the FCRA states that only accurate information is reported to the CRA. If the debt is not his, then clearly the information is not accurate. Therefore the CA MUST investigate and prove that he does indeed owe what they say he owes. Failure to do so puts the CA at risk for a lawsuit. Chances are if the CA doesn't have enough evidence to prove the collection is accurate then they don't have enough evidence to take you to court, therefore the debt is as good as gone.Correct, however we're talking about the DV process in specific. That is why there are other methods out there to obtain documentation from data furnishers where they are legally obligated to respond to you. Link to comment Share on other sites More sharing options...
asylum23 Posted January 17, 2008 Author Report Share Posted January 17, 2008 Thanks everyone, I will follow the next step of disputing w/ the CRA. Which it seems for most everyone on here it comes back as verified, even if it's not. I will also make a BBB complaint and maybe an AG. Just b/c they are annoying me w/ calling every day. Also, one time I did answer, they call from all different numbers unfortunately, I said they needed to respond to my letters. They said that they never received any letters from me. Yet they signed for all three! It's amazing what they can get away with, isn't it. Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 Yep - it is amazing. CA's can be pretty shady. Get your disputes going and you'll be on the right track! Link to comment Share on other sites More sharing options...
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