jdcompute Posted January 26, 2008 Report Share Posted January 26, 2008 I DV'd North American and they sent me a letter back stating that they cannot comply with my request for validation because they didn't receive my signature on the letter that I sent. Has anyone heard of this before? what should I do? Thanks in advance. Link to comment Share on other sites More sharing options...
NYMatt Posted January 26, 2008 Report Share Posted January 26, 2008 I say its total BS. Never sign your DV letter. Link to comment Share on other sites More sharing options...
jdcompute Posted January 26, 2008 Author Report Share Posted January 26, 2008 What do you suppose I should send as a response? Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted January 26, 2008 Report Share Posted January 26, 2008 I would usually advise "signing" a letter with a simple, printed "signature" but there is nothing wrong with not even doing that much.At this point, I'd advise sending an additional letter (and include a copy of the original letter as an enclosure)...tell them that your counsel (they don't have to know you mean CreditInforCenter!) advised you that the federal law does not reaquire a consumer's signature on a request for validation and that you expect them to comply with your original request as required by law.After that, follow the normal DV process.Keep in mind, they probably won't comply - unfortunately, only a court can truly enforece these things; you just have to keep doing everything right.Jas a side note; the law doesn't reaquire a "letter" at all - a verbal request is just as meaningful but we use written correspondence to avoid talking with a CA on the phone and to provide a paper trail. 1 Link to comment Share on other sites More sharing options...
Amerikaner83 Posted January 26, 2008 Report Share Posted January 26, 2008 Yup - Agreed. Link to comment Share on other sites More sharing options...
Big Time Posted January 26, 2008 Report Share Posted January 26, 2008 Heh. That's one of my favorite Jedi mind tricks that they try to use.1) You send a DV, which requires them to obtain some sort of confirmation in writing from the OC that you are the right person, and that the amount they are claiming you owe is corroborated by the OC.2) They have to cease all collection efforts until they do so.3) They either responded with proper validation or they didn't. A letter asking for your signature isn't even close. 4) The letter asking for your siggy probably still has the "This is an attempt to obtain a debt..." on it somewhere, which is clearly continued collection activity before they provided proper validation.5) If you did actually sue, they would claim that they had no choice but to put that disclaimer on there because it is mandated by law and that you are mis-usung consumer laws in a way that is not in the spirit of what they are for. (and would have a strong argument there.)6) You would counter that they shouldn't have been stupid enough to try that dirty trick in the first place and that they knew, or should have known, that there was no way they could write you back after receiving a DV, and ask for a signature that was never required, without breaking the law and should have just dropped the matter unless they could provide validation and were willing to obey the law and do so.7) They may try to say that since you know you owe the debt, you had no right to ask for validation in the first place. (another one of my favorite specious debt collector arguments)8) You would counter that stupid argument by not only quoting consumer laws in your favor, but to also point out that anyone could have found out about an old debt that went bad and claimed they were the CA to pay, especially if they pulled your credit report. (Who's to say that they didn't pull for a lesser or out of SOL debt, but decided to collect on some other debt that was more recent and for a greater amount.)That's the gist of the kind of people we all are dealing with. The letter Robert suggests is a good next step, CMRRR. If they still don't get it, an ITS would be next. Link to comment Share on other sites More sharing options...
jdcompute Posted January 26, 2008 Author Report Share Posted January 26, 2008 Thanks guys. I'll do that and let you guys know how things progress. By the way, I'm in Texas and am dealing with a different situation with a CA out of Ohio. I've been communicating with Craig Jordan (Consumer Law Atty in Dallas) regarding this. Does anyone have any experience with him? Link to comment Share on other sites More sharing options...
momof5 Posted January 26, 2008 Report Share Posted January 26, 2008 I have more fun with it..... I sign it....left handed....back slanted...big heart over the I..... Then if they EVER cut and paste the siggy....oh! Your Honor! That's NOT my siggy! Looky here at my DL and my BOA debit card!!! (siggy is on the front).... It isn't mine!Case dismissed! Link to comment Share on other sites More sharing options...
NYMatt Posted January 26, 2008 Report Share Posted January 26, 2008 Heh. That's one of my favorite Jedi mind tricks that they try to use.1) You send a DV, which requires them to obtain some sort of confirmation in writing from the OC that you are the right person, and that the amount they are claiming you owe is corroborated by the OC.2) They have to cease all collection efforts until they do so.3) They either responded with proper validation or they didn't. A letter asking for your signature isn't even close. 4) The letter asking for your siggy probably still has the "This is an attempt to obtain a debt..." on it somewhere, which is clearly continued collection activity before they provided proper validation.5) If you did actually sue, they would claim that they had no choice but to put that disclaimer on there because it is mandated by law and that you are mis-usung consumer laws in a way that is not in the spirit of what they are for. (and would have a strong argument there.)6) You would counter that they shouldn't have been stupid enough to try that dirty trick in the first place and that they knew, or should have known, that there was no way they could write you back after receiving a DV, and ask for a signature that was never required, without breaking the law and should have just dropped the matter unless they could provide validation and were willing to obey the law and do so.7) They may try to say that since you know you owe the debt, you had no right to ask for validation in the first place. (another one of my favorite specious debt collector arguments)8) You would counter that stupid argument by not only quoting consumer laws in your favor, but to also point out that anyone could have found out about an old debt that went bad and claimed they were the CA to pay, especially if they pulled your credit report. (Who's to say that they didn't pull for a lesser or out of SOL debt, but decided to collect on some other debt that was more recent and for a greater amount.)That's the gist of the kind of people we all are dealing with. The letter Robert suggests is a good next step, CMRRR. If they still don't get it, an ITS would be next.What's an ITS ? Link to comment Share on other sites More sharing options...
Big Time Posted January 26, 2008 Report Share Posted January 26, 2008 "Intent to Sue" letter. It ususally includes a copy of the complaint you intend to file if they don't comply with your demands. Link to comment Share on other sites More sharing options...
Flyingifr Posted January 26, 2008 Report Share Posted January 26, 2008 What do you suppose I should send as a response?A summons WITH your signature for continued collection action in face of a DV demand. Link to comment Share on other sites More sharing options...
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