willingtofight Posted March 18, 2013 Report Share Posted March 18, 2013 I recently had a collection case from cap1 dismissed w/o prejudice. I did sent a debt validation letter to cap1 before lawsuit started. Can I have them removed from credit report? Link to comment Share on other sites More sharing options...
nascar Posted March 18, 2013 Report Share Posted March 18, 2013 Not likely. Link to comment Share on other sites More sharing options...
admin Posted March 18, 2013 Report Share Posted March 18, 2013 You can send an intent to sue letter and see what that gets you. Link to comment Share on other sites More sharing options...
BV80 Posted March 18, 2013 Report Share Posted March 18, 2013 You can send an intent to sue letter and see what that gets you. What would be the cause of action? Link to comment Share on other sites More sharing options...
admin Posted March 18, 2013 Report Share Posted March 18, 2013 Violation of the FCRA if they don't have good documentation. You don't have to go through with the suit, see if you can bluff them. It's not illegal. 1 Link to comment Share on other sites More sharing options...
BV80 Posted March 18, 2013 Report Share Posted March 18, 2013 Violation of the FCRA if they don't have good documentation. You don't have to go through with the suit, see if you can bluff them. It's not illegal. I definitely agree they could be in violation of the FCRA if they don't have good documentation. But doesn't an OC usually have pretty good documentation? Link to comment Share on other sites More sharing options...
admin Posted March 18, 2013 Report Share Posted March 18, 2013 I definitely agree they could be in violation of the FCRA if they don't have good documentation. But doesn't an OC usually have pretty good documentation? Not always. They typically keep records for 3 years and that's it. By sending them the letter you can force them to tip their hand. Link to comment Share on other sites More sharing options...
willingtofight Posted March 19, 2013 Author Report Share Posted March 19, 2013 will a debt validation letter be enough to satisfy FCBA section 161. Since cap 1 never validated debt. Link to comment Share on other sites More sharing options...
admin Posted March 19, 2013 Report Share Posted March 19, 2013 will a debt validation letter be enough to satisfy FCBA section 161. Since cap 1 never validated debt.Not sure I understand what you are trying to do. Link to comment Share on other sites More sharing options...
nascar Posted March 19, 2013 Report Share Posted March 19, 2013 will a debt validation letter be enough to satisfy FCBA section 161. Since cap 1 never validated debt. So you want to dispute a billing statement you've received within the last 60 days? Link to comment Share on other sites More sharing options...
willingtofight Posted March 19, 2013 Author Report Share Posted March 19, 2013 I received a statement from cap1 and a collection notice from lrlo for same account. I sent out debt validation notice to both. Cap 1 responded they would get back to me. Lrlo sent me a court summons. I thought if a creditor did not validate within 90 days they cannot collect per FCBA. Link to comment Share on other sites More sharing options...
BV80 Posted March 19, 2013 Report Share Posted March 19, 2013 If you're referring to debt validation as described by the FDCPA, original creditors are not required to validate a debt. The FCBA has to do with disputing billing errors such as unauthorized or inaccurate charges, fees, etc. on a billing statement. Link to comment Share on other sites More sharing options...
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