debt validation question

[superbub]

I recently sent a debt validation letter to a collection agency. I found an entry on my credit report and have never been contacted by the collection agency and it says its the 2nd placement. I sent the validation letter to them. They then sent a letter to me stating that the validation period has expired. They say that they use NCOA and are sure I received letters from them. I never did though. It isnt a huge amount and I could pay it off, but Im not aware of owing any money and am positive they never contacted me. What would be my next move to them?

Thanks

[1stStep]

Demand a removal for failing to validate the debt or else you will file suit for an FDCPA and an FCRA violation.

Give them 10 days to respond then file the suit.

[debtorshusband]

First, I would never send a DV letter just because something appears on my credit report. I wait until they send a letter. But that's water under the bridge.

But this statement by them is rubbish:

They then sent a letter to me stating that the validation period has expired.

There is no validation period that can "expire". You can dispute and request validation at any time. The only time requirement is that if you send your DV letter within 30 days of their initial dunning letter (which contains the verbiage required by the FDCPA), they must cease collection activities until they respond. A DV letter that is sent too late just allows them to continue collection activities. In either case they may ignore you. But the dispute still has meaning. But arguing about whether or not they sent a letter or whether or not they are required to cease collection activity is a pissing contest you can't win and isn't worth wasting your energy on.

The bottom line is they are taking the position that they don't need to send you anything. And so your position is that you won't send them any money until they provide the documentation you desire, whatever you decide that is. So who is in the position of power?

I think your next move is to send them a letter to that effect: "I am unable to work towards a resolution of this matter until you send me the documentation I require." If they ignore this, and just keep hounding you, a Cease Communication letter is in order: "Since you have failed to send me the documentation I require to work towards a resolution of this matter, I am closing my files, and you are to cease all communication with me."

Good luck,

DH

[texzen123]

that sounds really good... but it helps your credit score how?

[GrumpyGus]

I am bumping this thread because I am curious to hear a reply to what texzen123 is stating.

The account just recently appeared on the OP's report. The CA has not contacted the OP in any fashion.

A CA could laugh off a DV letter because there is no 30 day window from "initial contact". No contact has occurred. Alternatively, the CA could claim this is a "second attempt" (regardless of truth) and say the 30 day window has closed 30 days after "initial contact".

On the other hand, saying "We use NCOA" amounts to jack. It doesn't mean anything. I agree with debtorshusband, this is just going to descend into a "yes we can, no you can't" issue.

I am more concerned about getting this off your credit report. I would do the following, but I am no expert:

1. CD on calling me, all actions must be in writing.

2. I would send a DV letter disputing the legitmacy of the debt.

I know I said this won't stop anything, but should you go to court it would show a good faith attempt to legitimize the debt, also keep the letter they responded to saying "pound sand we aren't validating anything".

3. If it is a small amount and I thought it was mine I would likely go PFD, but if I didn't think it was mine (like you stated) I would definitely take further action.

4. If the CA wouldn't play ball I would unfortuantely file suit.

Given that you are Joe Blow off the street who finds this on your credit report one day and no one will attempt to give you any information, how can you expect to just give random people money? You tried to validate and be responsible (i.e., your letter) and they refused additional information (i.e., their letter).

So you should just turn over money to anyone who says you owe because they have your name and address?

No judge will see it in their favor. Serving them will likely get the situation dropped or at the very least the validation information you requested. It will certainly grasp their attention.

Grumpy

[GrumpyGus]

For the record, I am not disagreeing with debtorshusband, my concern is you can fight the collection attempt to a standstill quite easily. The question I have is how do you get this guy off his credit report?