andres99pony

1st letter from CA after DV

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.....the account is paid, but I was expecting a deletion ($33, paid awhile back). The DV was not timely, and since the acc't is paid, I am not sure what to do next.

The letter states that the acct was for service in my name at (old address), last charge (2003), and that any other questions need to go to the OC.

Aren't they supposed to validate, or am I missing something here? And the rep wrote "I'll hold your acct for 10 days for the balance in full" (damn acct is paid off!!?!)

I'm thinking of asking her to validate (and she has 10 days), or delete the acct if she can't.

Any suggestions?

***EDIT***

She listed the creditor and reference number from creditor......but that does not constitute validation, does it?

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"ME"

"junky CA"

DATE (20 days after orig DV letter)

Re: Acct XXXX

This letter is in response to your letter dated (9 days after my letter). I want to remind you that you now have ten (10) days to validate your rights to this account, per my original letter dated XXXX.

Your letter dated (9 days after) is not validation for this debt. According to FDCPA Section 809(B), you (the debt collector) must provide me with a complete itemization, not the original creditor. You have yet to meet the requirements of the FDCPA.

If your office fails to respond to this validation request within ten (10) days from the date of this letter, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion shall be sent to me immediately.

Sincerely,

"ME"

My only concerns are:

  1. the debt is paid,
  2. it was an untimely DV,
  3. this is listed in all 3 cra's!

the debt is paid

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Why are you validating if it's paid.

i want to see if I can get them to delete the TL's

see http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=224956

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dispute it withe the credit reporting agencies- if it's paid they may not update. you can't debt validate if there is no debt- the fact that you paid it makes it valid.

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This letter purports to ask the debt collector for information they do not need to supply. It also misquotes the FDCPA while doing so.

FDCPA is very vague when it comes to validation. It doesn't require itemization. Validation is informal. It asserts that the person against whom the debt is claimed - is that person. The amount is correct, and the FDCPA requires that the information must be obtained from the original creditor.

The itemization deal comes from case law - Specifically Spears v. Brennan, and of course there is Chaudry, which requires even less. DV is not the appropriate time to assert or cite case law, FDCPA or anything like that. Your goal is to appear as the "least sophisticated consumer".

Debt collectors know the law. They know they are violating it, they also "know" that you won't do anything to stop them. They know what is required - they also know that the least sophisticated consumer will take the information as provided as gold.

Also just so you are aware - unless you are in Texas, the debt collector does not have any time frame at all in which to reply. They can take 3 years and 11 months + 29 days, and on the day that the SOL expires - provide validation and file the lawsuit.

A better letter:

You

address

Scumbags

address

xxx November xxxx

Dear dirtbags,

The letter you sent me on xxx November is not validation as I requested. Please provide validation.

Sincerely You.

However since this was an untimely DV they do not have to do anything. BUT - a far reaching and probably unsuccessful maneuver might be to cite equitable estoppel. This is in court mind you - That is the doctrine that once someone does something, and that person relies on it, they cannot rescind it - most commonly used when a landlord accepts late rent. Of course EE requires a pattern of behavior and actual damages. I don't think you would be damaged by them not validating the debt when they didn't have to. Since they attempted validation.... well whats the least sophisticated consumer to do?

A better use of your time is with a CRA dispute. Lets hope they sell it and it drops now that you've been shown to be alive.

"ME"

"junky CA"

DATE (20 days after orig DV letter)

Re: Acct XXXX

This letter is in response to your letter dated (9 days after my letter). I want to remind you that you now have ten (10) days to validate your rights to this account, per my original letter dated XXXX.

Your letter dated (9 days after) is not validation for this debt. According to FDCPA Section 809(B), you (the debt collector) must provide me with a complete itemization, not the original creditor. You have yet to meet the requirements of the FDCPA.

If your office fails to respond to this validation request within ten (10) days from the date of this letter, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion shall be sent to me immediately.

Sincerely,

"ME"

My only concerns are:

  1. the debt is paid,
  2. it was an untimely DV,
  3. this is listed in all 3 cra's!

the debt is paid

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Also my insistence on a time frame in my example letter is tongue in cheek. They don't really have 10 days.

Yes ... but I wonder how long it will be before someone cites your post and claims the law gives the CA 10 days to respond? :hmmmmm:

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dispute it withe the credit reporting agencies- if it's paid they may not update. you can't debt validate if there is no debt- the fact that you paid it makes it valid.

I respectfully beg to differ. There are 2 points to DV: 1) Is there, in fact, a debt? 2) Am I, in fact, the person who owes the debt? A paid collection account may appear on my credit report, but that doesn't mean it is actually mine. I once got a paid CA off my credit through DV.

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dispute it withe the credit reporting agencies- if it's paid they may not update. you can't debt validate if there is no debt- the fact that you paid it makes it valid.

well, they updated & verified the "debt"

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