HAS ANYONE ACTUALLY HAD SUCCESS WITH THIS PROCESS???

[advancedcap]

I just submitted several validation requests to the CA's, all of them outside of the SOL as far as I can tell. My concern is that after reading through a bunch of these forums it doesn't seem like anyone actually ever gets anywhere. Has anyone had success using this method and have you successfully been able to sue a CA that wouldn't respond to validation???

[Massive]

They don't have to respond at all. But if they continue collection efforts they are in violation of FDCPA.

[advancedcap]

I understand they don't have to respond but that isn't the question. If they continue to report it to you credit after requesting validation and it's been verified after dispute w/the CRA's that is a violation. My question is this; has anyone ever had any success doing this. I have searched post after post yet no-one seems to be able to make this process work. Has anyone successfully sued a CA?

[Drake Savory]

Similar to one of questions too. Debt more that 30 days so when I do the DV they say toooo bad. What do I do if I missed the 30 day deadline?

[Fairy Enchantress]

advancedcap, I have removed numerous accounts this way. Some were pass the SOL, & some weren't.

Drake Savory, Technically it does matter that it is past 30 days. The CA'S don't legally have to respond to you. I have been late by years though and they were removed. They did't respond within 30 days, so I sent another certified follow up letter staing they did not respond in the 30days, included a copy of the letter and certified receipt and presto it was off my reports! So you never know. It is always worth a try.

Good luck on your credit repair journey!

Edited September 17, 2010 by Fairy Enchantress

[esterlydsl1]

As you must have understood by now, that you can held a person for not responding to his responsibilities, which is harmful for others.When, a CA is not liable to respond to your request, it means you cannot legally compel him for doing so.

[Tootsie88]

When they don't respond after 30 days, you hit them with a second request only giving them 15 days to respond.

Here's my second letter

Certified Return Receipt Requested

RE: Account #: blah blah blah

To Whom It May Concern:

As per my letter to you on (date of your first letter), you have not supplied the demanded proof of the alleged debt. Pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 that your claim is disputed and validation, strict proof and verification is requested.

In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, in addition to the information I requested in my letter to you dated November 1, 2010, I must ask for the following information:

Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

What is your authorization of law for your collection of information?

What is your authorization of law for your collection of this alleged debt?

Please evidence your authorization to do business or operate in the state of New York.

Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $5,000 in damages for the following:

Defamation

Negligent Enablement of Identity Fraud

Violation of the Fair Credit Reporting Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriff’s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

Sincerely,

[BV80]

I just submitted several validation requests to the CA's, all of them outside of the SOL as far as I can tell. My concern is that after reading through a bunch of these forums it doesn't seem like anyone actually ever gets anywhere. Has anyone had success using this method and have you successfully been able to sue a CA that wouldn't respond to validation???

I'm in the process right now. An attorney took my case on contingency. A JDB would not respond to my demands for a breakdown of their fees and interest which they added to the original amount of the debt. He's suing under the FDCPA and to get the TL removed. I'll let you know the results.

[Guest usctrojanalum]

You have fifteen (15) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

lol yeah, and what law states they have to do what you demand?

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriff’s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

Be very careful, you are teetering on a very fine edge when you say stuff like this.

[ikuomanero]

Be very careful, you are teetering on a very fine edge when you say stuff like this.

First off, what Tootsie88 said was what he/she would do if they got a judgment against the collector.

Even if the poster did not follow through, then there would be no consequences. Unless Congress passes a law called the "Fair Debtor Practices Act". :D

[caribbean73]

I sent my round last week to 6 different CA's and they received it last week.

Arrow Financial sent me a notice they will remove the debt from the credit bureaus

[Guest usctrojanalum]

First off, what Tootsie88 said was what he/she would do if they got a judgment against the collector.

I can read, thank you.

Edited December 4, 2010 by usctrojanalum

[Guest usctrojanalum]

Even if the poster did not follow through, then there would be no consequences.

Wanna make a met?

[Maximus06]

How to remove a voluntary auto loan return, I delivered car to lender after I lost my job & knew I couldn't pay payments. I called & explained my job loss & my desire to NOT be a DICK & simply return their collateral. They directed me where to take car & now after selling want me to pay them $10,000. I'm still not working. thoughts Ideas? help pls. maximus06

[jackson212]

i tend to agree with usc

i wouldnt make "threats"

the less you say, the better.