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collection agency validated debt with statements????

Member

collection agency validated debt with statements????

Does statements from a Sears account constitute validation? I sent a debt validation letter to agency and they replied back with copies of statements. Nothing with my signiture or anything on it. Now what???
Message 1 of 6
5 REPLIES
Senior Contributor

Re: collection agency validated debt with statements????

The statutes leave it wide open as to what exactly constitutes adequate validation. The courts and the caselaw that gets established in each District and Circuit will vary.
 
If you know it ain't yours, or it's too old to report, then follow up with another letter. KISS principle.
 
"I requested validation of this debt, and you have not provided me with anything bearing my signature. You have perhaps shown some evidence of a debt, but I see nothing showing that this debt belongs to me. Either validate that this debt belongs to me or I will retain a lawyer and sue as you are now in violation of §809(b) FDCPA."
Message 2 of 6
Frequent Contributor

Re: collection agency validated debt with statements????

Noah,
 
I just got off the phone with an agency.  I know, big mistake as my blood pressure can now tell you as well. Smiley Mad  Because the original creditor was extremely nice and easy to deal with I made the mistake of thinking I could deal with the agency too.  It's a $65 bill that should have been paid by the insurance company and I'm even willing to pay it if they will delete the darn thing.   The debt is very old and the collection agency insisted they sent me information about it years ago.  I was going through a divorce at the time so heck they may have but I have no idea.  I sent a PFD letter when I saw it on my report and they instead sent a letter that they called a validation letter.   It is just as the case of the OP,
a statement.  It doesn't even have my social security number on it.  The OC couldn't give me any more information, in fact they don't even have it on their records any longer.   I know it can't hurt to send a DV asking for a signature (which I did over the phone) but is there anything else I should do as well?  Should I dispute it with EQ now, or wait until they say they have validated it again?
Message 3 of 6
Regular Contributor

Re: collection agency validated debt with statements????

How old is the debt?  You could dispute as obsolete to get it removed from your reports.
Message 4 of 6
Frequent Contributor

Re: collection agency validated debt with statements????

Unfortunately in my case it's old but not old enough.  It's from 5/27/02. Smiley Indifferent
Message 5 of 6
Senior Contributor

Re: collection agency validated debt with statements????



princessofpink wrote:
It's a $65 bill that should have been paid by the insurance company and I'm even willing to pay it if they will delete the darn thing.   The debt is very old and the collection agency insisted they sent me information about it years ago.


Is the insurance company still in business? I would try contacting them. They should be able to find it, but they'll likely need date of service, name of the provider, name and DOB of the patient treated, name of the insured if different from the patient. You also probably won't get an answer over the phone, and they will have to research it and call you back. If it turns out either insurance did pay it, or the provider's claim was denied because of their contract with insurance, then you don't owe it. If insurance offers to contact the provider and set them straight, consent to their assistance. Insurance companies can be very persuasive.
 
Message 6 of 6