Charge-off $39 - Creditor and CA Refuse to Validate

[mwhizz]

Hi everyone,

I could not find a specific answer to this question so if it's been answered before, I apologize.

I was never sent billing statements by Shell/Texaco regarding a debt of $39.00 and I pulled my credit report about 2 weeks ago and found that the creditor has charged off this account (that's been paid off for at least a year) for $39. It's been assigned to Citicorp. I asked the creditor and Citicorp to validate the $39. The credit never responded. I just recieved a reply to Citicopr and their response was:

"We have reported to the consumer reporting agencies the above account is in dispute. We have reviewed your recent letter concerning your claim that the bank has an obligation under federal law to validate the debt within 30 days of your letter. We respectfully disagree with your interpretation of the applicable laws and thuse decline to respond further to your inquiry.

Sincerely ..."

Has anyone dealt with this type of response before??? Geez .... for only $39.

I've worked very hard the past year and a half to clean up my credit and now because of this charge-off, my scores have fallen considerably.

Any suggestions????

[cjtx]

The 30 day requirement under FDCPA is only triggered by an initial communication. If you missed the deadline or there was never an initial communication... they don't have to provide DV.

You should have disputed/requested validation under Texas law. There is no 30 day window to request it, but there are 30 days for their response.

For that kind of money why don't you try a goodwill letter with a PFD. If they don't agree to a PFD, try a settlement agreement with a NDA so they can't verify the debt next time you dispute it with the CRAs.