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CA returns for another attempt to collect. Validate again?


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I'd like to get your opinion on this issue...

(I'm in NY)


Here's the background:


After being several months overdue, my Chase account was sent to collections (Allied Interstate). On Aug 1, I received letter from AI asking for the balance and stating 30 days I had if I wanted to validate the debt. I did. Within 30 days I have requested validation from AI (CMRRR).


With a letter dated Aug 28, Chase (Cardmember Services, PO BOX 15548) replied that they are in process of gathering records for validation.


With a separate letter (also dated Aug 28, also from Cardmember Services, but PO BOX 15123 and no Chase logo or any mention of 'Chase' at all in it this time), I was provided with copies of 3 billing statements (March, April, May).


I have taken no action after this point.


This was followed by a letter from Chase (Cardmember Services, PO BOX 15548) dated Oct 15, stating that the account is scheduled to charge-off.


Most recently, I have received letter from AI again (dated Nov 9), once again asking for balance and once again stating that I have 30 days to validate. 



Should I demand another validation? Any other moves to consider?



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According to the letter of the FDCPA, the CA has validated/verified the debt.  They had the OC send you documentation.  So, you've got two choices:  1). if you have money to work with, call Chase (NOT the CA...you cannot trust them) and see if you can work out a settlement; or b. wait for their next move (which might be a law suit).

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According to the letter of the FDCPA, the CA has validated/verified the debt.


Very likely true.


As described by the OP, it doesn't meet my personal standards for validation. Because it is not verified in my mind, that allows me to see the allegation with more clarity.


Relative to the OPs post could I win a lawsuit based on a statutory violation? Nope, would not even try. Could an attorney win one under the same circumstances, almost certainly not.


With the information posted I would be unlikely to send another DV letter (unless I wanted to send a cease and desist "C&D" or some other communication). I use DV letters for low cost discovery, to permit the party making claims to actually verify any alleged debt, and as a tripwire for egregious non-compliance with federal/state statutes. Others often seem to use them in hope of scaring off a collector, prepping a counter-claim or whatever other magical purposes they envision. DV letters are a good idea but it is wise not to demand too much of them IMHO.


If I needed/wanted to settle any settlement I would be willing to consider would have to be in writing and would be lump sum. Preferably it would be with the OC as they are slightly less criminal than a CA or JDB.


If similarly situated I find my most common options are:

Negotiate a lump-sum settlement;

Wait for possible offer to settle from CA/OC;

Wait until/if lawsuit filed;

Default on any suit (leading to adverse judgment);

Fight any suit (with or without representation and with or without counterclaims);

Offer to settle after suit filed (weak, to no leverage here);

Enforce private binding arbitration if applicable to account, appropriate for the situation and a lawsuit has been filed;

Elect any applicable arbitration prior to any suit filing;

Other procedures I have not thought of; and

Various combinations of the above.

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