Collect America

[hguyton1]

I sent a DV letter to Collect America and they replied back with a letter stating ONLY the name of the original creditor and balance. They have since placed a negative mark on my credit report. It has past 30 days with no real validation. What is my next step? Thanks.

[Focus2069]

well, that is the absolute bare minimum they are requried to send you.

it sucks...but you can always send them another letter stating that it is not sufficent validation, etc etc....

if you used one of those form letters that asked for everything including the kitchen sink, dont plan on getting it untill a judge orders them to disclose thru discovery....

[CreditFixCD]

Focus2069 is correct in saying:

well, that is the absolute bare minimum they are requried to send you.

but if it's out of SOL

You could try sending them a letter something like the one below.

not all judges agree about the bare minimum.

Send it CMRRR and as soon as you get the green card back send a dispute letter to any reporing CBs.

I am writing in response to the letter you sent me dated 06-19-08. I have enclosed copies.

Letter dated 06-19-08

Validation of Debt:

The information in the letter is inadequate. You were very unclear on ( put whatever info suits you best here)

Please read:

United States Court of Appeals

Fields vs Wilber Law Firm No. 03-4108

Here goes just a small section of what the judge says :

“It is unfair to consumers under the FDCPA to hide the true character of the debt, there by impairing their ability to knowledgeably assess the validity of the debt. One simple way to comply with § 1692e and§ 1692f in this regard would be to itemize the various charges that comprise the total amount of the debt.”

Please take the time to read the whole case, it is very informative. You can find it very easy by searching google.

I am requesting that you provide me with proof that (whoever) sold this account to you and the date the account was sold.

I also need you to provide me with anything that I signed agreeing to pay this debt. I would like to see my signature and the agreement I signed.

or you could go the NACA site and e-mail all the attorney's in your state.

[nascar]

One simple way to comply with §1692e and §1692f

That's one of the problems with Fields you guys keep overlooking. DV is addressed under 1692g, not 1692e or 1692f. Fields does not apply to validation requests under 1692g.

It's like arguing that the speed limit on the interstate is 70 when you get a ticket in a school zone.

[CreditFixCD]

That's one of the problems with Fields you guys keep overlooking. DV is addressed under 1692g, not 1692e or 1692f. Fields does not apply to validation requests under 1692g.

It's like arguing that the speed limit on the interstate is 70 when you get a ticket in a school zone.

I understand Nascar, but what will it hurt to try? Will every debt buyer catch that .

If you keep trying stuff you might get lucky. If you try nothing you will never get lucky.

[BTO429]

The FDCPA does not require a debt collector to provide the original, a certified,

or an attested copy of the document creating a debt as part of the verification. Documents such

as computer printouts of itemized statements of account may be sufficient to verify the debt

pursuant to §1692g.Verification of a debt involves nothing more than the debt collector

confirming in writing that the amount being demanded is what the creditor is claiming is

owed.

IMHO I think the DV process is a waste of time ad you never get what info you really want to know.

[CreditFixCD]

The FDCPA does not require a debt collector to provide the original, a certified,

or an attested copy of the document creating a debt as part of the verification. Documents such

as computer printouts of itemized statements of account may be sufficient to verify the debt

pursuant to §1692g.Verification of a debt involves nothing more than the debt collector

confirming in writing that the amount being demanded is what the creditor is claiming is

owed.

IMHO I think the DV process is a waste of time ad you never get what info you really want to know.

I understand what everyone is saying , but you got to look at the whole picture.

If suit is filed, like in my case , I told the judge I thought my x might have got the CC in my name , I didn't know , thats why I asked for the info.

The judge looked at there attorney and asked why didn't they provide me with the info. There attorney had no answer and asked the judge to non-suit the case. So he did.

I haven't seen the words non-suit used in these forums any.

Is Va. the only state that will non-suit a case

[LUEser]

I believe any kind of case can be non-suited.

Basically the plaintiff has lack of sufficient evidence for a judgment to be rendered, and s/he pays the court costs. This can be voluntary or involuntary, and done by motion or at the judges discretion.

It's something similar to a dismissal. The difference is only a slight nuance.