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CA sent Verification NOT Validation


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State GA -

I got a letter dated 4/17/09 from Paul Law Firm about an old Household Bank acct that was charged off on 4/30/03. I sent them a DV letter on May 11th Certified Mail/RR. I haven't received the receipt back yet, but I did receive a letter from them today with the subject being RE: Request for Verification of Debt. In the letter they state the following -

-my name, address and SS#

-Principal balance

-original creditor & account #

- origination date

-charge off date

They further state as per the FTC they are not required to provide me with signed copies of the contract or past statements. And they refuse to take it out of active collection status.

I should add that the SOL to collect on a cc in GA is 4yrs from the date of the LAST purchase. This account was charged off 6yrs ago and the last purchase on this card would have been 7 years ago.

So how do I proceed from here?

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xangelx I believe it starts with the last payment made leading to the charge off. CRAs have to remove it 7 years from the DOLP. If you know that date or around about just give it a little time to fall off and if it does'nt dispute it.
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They are not required to send you any more information than they did, from my understanding of the validation/verification requirements laid out in the FDCPA.

If you are sure it is out of SOL, you can send them a C&D and be done with it. It should even come off your credit reports soon.

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I moved to GA in Nov 08. The CA hasn't proved me with proof that the debt is mine and sent a settlement letter.

I'm going to wait another 15 days and then send them ANOTHER request for validation, with the sections on signed contract and SOL bolded.

this time ask for Clarification( replace Verification)

This is a SAMPLE LETTER, use just what you need to form your own request,

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

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 (B) 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.

Best Regards,

Your Signature

Your Name

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Sorry, but the above letter is kind of a waste of time and postage. They've already sent what the FDCPA requires. Your demands for further proof would have to be made in a court of law.

If you're certain the debt is SOL in BOTH states, send them a FOAD C&D letter and be done with it.

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Actually, based on what I was told by an attorney concerning a similar case, only the OC doesn't have to provide me with anything more. The CA, Paul Law Firm, which btw, is NOT an attorney, does have to provide with the requested information. If anything to prove that the debt is mine via a contract. Especially since I can't read this debt and they are threatening to sue and attached interest based on the contract.

Anyway, the 'proof' they sent me just verifies that the debt is time barred in both Calif and Georgia. I have already made a complaint to the FTC concerning this CA and will contact my AG and perhaps Utah's tomorrow as well.

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Actually, based on what I was told by an attorney concerning a similar case, only the OC doesn't have to provide me with anything more. The CA, Paul Law Firm, which btw, is NOT an attorney, does have to provide with the requested information. If anything to prove that the debt is mine via a contract. Especially since I can't read this debt and they are threatening to sue and attached interest based on the contract.

Anyway, the 'proof' they sent me just verifies that the debt is time barred in both Calif and Georgia. I have already made a complaint to the FTC concerning this CA and will contact my AG and perhaps Utah's tomorrow as well.

Only thing a second (dv) Letter may get you is a better paper trail , Just in case this Ca try's to sue, , you just may want them to try..let them Pay you

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Actually, based on what I was told by an attorney concerning a similar case, only the OC doesn't have to provide me with anything more. The CA, Paul Law Firm, which btw, is NOT an attorney, does have to provide with the requested information.
Again, under the FDCPA...No...they've complied with the stipulation there. Now, in a court of law, you can demand more proof, but as far as a FDCPA DV letter goes, they've done their part.
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Ok, that letter is on the form letters HERE, so.......I don't understand. It's not worth it to do it?
Not at yes or no type question.

If you're dealing with "Joe's colleciton service and auto body" down the street, this letter may scare him away. If you're dealing with one of the "biggies", they may realize they could be dealing with a consumer who knows their rights, and hand it back to the OC....on the other hand, they could realize its just a form letter that you found on the internet.

IMO, the best response is....send a short, sweet, "I request validation of this alleged debt" kind of letter along with a copy of their letter CMRRR. Basically, you want to make sure that its a legitimate company attempting to collect on a debt you can recognize.

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