Debt Validation Help !!

[mountaindont]

I had legit credit card debt of over $8,000 go to a Debt Collector (Atlantic credit & finance and the Law office of John P. Frye P.C.) in March 20, 2007. On March 30, 2007 I sent them a DV( I got off of this website) letter. On June 5, 2007 Atlantic responded to the DV letter. The letter did not contain the required DV info I intially requested. They listed just the following :

OC

OC account number

OC address

Open Date

last payment to OC

Charge off date

Balance

On July 11, 2007 I sent Atlantic a follow up letter and a copy of the original DV letter informing them that the info they sent to me was not sufficient according to the Fair Debt Collection Practices. I also informed them that I had just moved and had a change of address. I have the receipt of the registered mail signed by thier representative with my new address. As of today Dec 7 2008 I have heard nothing from them in 1 year and 4 months. I did however notice that in November of 2008 (1 year and 4 months later) Atlantic listed it on my Credit Report under "Accounts seriously past due" My question now is what is my next step? Do I re send another DV letter? Any info you can give would be greatly appreciated. Below is a sample copy of the DV letter I sent . Thanks

Attempt to Validate Debt.

Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.

Re: Acct # XXXX-XXXX-XXXX-XXXX

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

[willingtocope]

The information they sent you does confirm to the letter of the law in the FDCPA. They are NOT required to supply the rest of the stuff you list. Those things may be requested under "discovery" should it ever come to trial.

[mountaindont]

Ok, Thanks for that info. So is my next step to contact Atlantic credit via mail and start to negotiate the debt ?

[willingtocope]

If you've got money to work with, contact the OC.

[mountaindont]

What if I dont have the money ?

[willingtocope]

You can still contact the OC and see if you can work out a settlement. They'll probably try to push you off on the CA, but I would respond "...it is my personal rule never to work with CAs...if you want my money, talk with me directly, or I'll see you in court".

I assume this is either a very large bill, or you have other credit problems. If that's the case, you might look into BK.