Proper Debt Validation

[Junejer]

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@Anonymous wrote:

lonnster , should'nt they be given some sort of timeframe to respond and if they did'nt respond how could this be used to get account removed from your cr's.

        seems to me they could drag this out for ever all the while telling you their still gathering all the

required information for validation,but we all know that should'nt take long considering all debt collectors operate on the up and up and should have all this info at their immediate disposal.

                      so my question still holds timeframe or not?  

Message Edited by giterdone on 01-10-2008 05:12 PM

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It's my understanding that if they drag it out forever that they can't attempt to collect a debt while doing this. Therefore, dispute with CRAs and it should go bye-bye. DVs force CAs into compliance.

BTW rockin' thread Lonnster

Message Edited by ByrdMan on 01-10-2008 10:12 PM

Message Edited by ByrdMan on 01-10-2008 10:13 PM

[Anonymous]

Simply the best.

[Anonymous]

Edited to remove outdated and incorrect information - MarineVietVet, myFICO moderator

[Anonymous]

Edited to remove outdated and incorrect information - MarineVietVet, myFICO moderator

[Anonymous]

Give th CA 30 days to respond. Send a dispute letter to the CR's (Just say that you dispute the tag line entirely, that will make them validate everything about the tag line)at the same time you DV the CA. (No need to send the CR dispute certified mail.) Wait 30 days and see what happens. *If the CR's deletes the tag line, your done with that tag line. *If the CA does not respond within 30 days, send a reply, referencing the original DV attempt, and include something like this: "Failing to provide proof of (validation of) an alleged debt automatically invalidates any and all claims regarding the alleged debt. Since this is the case here, 1)all collection efforts must be stopped 2) the alleged debt must be deleted from CA NAME's portfolio, and 3)Any item placed on my CR's must be deleted." *If the CA does not respond to your DV letter, but, does validate with the CR, Send the reply to the CA described above and also send another letter to the CR (with a copy of the DV letter and return receipt) stating the fact the the CA has NOT validated the debt to you and request deletion on that basis. *Even if the CA provides ALL of the MEDIA requested on the DV letter I posted eariler, remember, they still have to PROVE that you have some contractual responsibility to pay THEM. If THAT little tidbit is missing (It will be because it does NOT exist) send the reply described above reminding them that they didn't provide proof of contractual responsibility to THEM... Have a great Friday!!!

[Anonymous]

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Lonnster wrote:
*Even if the CA provides ALL of the MEDIA requested on the DV letter I posted eariler, remember, they still have to PROVE that you have some contractual responsibility to pay THEM. If THAT little tidbit is missing (It will be because it does NOT exist) send the reply described above reminding them that they didn't provide proof of contractual responsibility to THEM... Have a great Friday!!!

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Lonnster, I don't mean to offend nor undermine your post but this is a little hard to swallow. I mean I have a handfull of friends that have been sued and lost to Collection Agencies. Yet if they have no legal recourse to collect because they could never possibly submit proof of this contractual responsibility than how can it be that my friends lost their cases?

Are they not telling me the whole story? Did they have poor representation? As I said, I don't mean to offend, I just really want to learn all of this stuff.

[Anonymous]

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Lonnster wrote:
*Even if the CA provides ALL of the MEDIA requested on the DV letter I posted eariler, remember, they still have to PROVE that you have some contractual responsibility to pay THEM. If THAT little tidbit is missing (It will be because it does NOT exist) send the reply described above reminding them that they didn't provide proof of contractual responsibility to THEM... Have a great Friday!!!

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Doesn't it exist in the original contract that OP signed with OC?  Something along the lines of "references in this agreement to 'we' means OC, our successors, assignees" might bind OP to anyone that OC sells or assigns the debt to.  Legal beagles, can you comment please?

[Anonymous]

Alright, I'll bite. What does OP stand for? I know in forums it means Original Poster but that doesn't seem to fit into the context of your reply.

[Anonymous]

actually it does. in the previous post it references the contract between the original poster and the original creditor. Mas's argument is that the contract may have a stipulation in it that automatically transfers the debtor's obligation to pay from the OC to the CA upon assignment, so OP makes sense here. Does this help?

Message Edited by orhippychic on 01-11-2008 02:02 PM

[Anonymous]

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berraco58 wrote:

Alright, I'll bite. What does OP stand for? I know in forums it means Original Poster but that doesn't seem to fit into the context of your reply.

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Sorry for the confusion.  I lost track of the fact that Lonnster started the post.  Substitute "debtor" or "cardholder" for "OP".