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Debt Validation

Administrator Emeritus

Re: Debt Validation

Time for a word of caution about 'credit repair' talk from your friendly local admin.... Please read the following Credit Repair Discussion Guidelines to avoid having your posts edited or deleted.
 
Thanks,
Barry
 
 
 
 

Formerly consumer affairs manager, media spokesman and myFICO Forums community manager at FICO, I'm now freelance writing for CreditCards.com and my own site, SpeakingOfCredit.com.

Message 21 of 102
Senior Contributor

Re: Debt Validation

Opinions vary for online disputes versus written disputes.
 
For personal info correction, or if I "feel" the CRA is going to do right by me, I will use online. However, been ignored by the CRAs a few too many times doing online disputes. A CMRRR letter stating the same thing seems to provide the necessary "hammerage" to pound the problem nail flush with the wood when a CRA won't do the right thing.
 
FWIW, I try to treat the CRAs as favoring neither the consumer nor the credit industry, but experience tells me the CRAs are still part of the credit industry. They often see themselvs as "us", and consumers are "them".
 
I don't like having to dispute things CMRRR with the CRAs, but it's often necessary. It raises the possibility that one will get tossed into Special Handling, but that might not necessarily be a bad thing.
 
Message 22 of 102
Member

Re: Debt Validation

 

The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts.

Message 23 of 102
Senior Contributor

Re: Debt Validation

SoInLove,

 

Guerrero remains the case to watch on the issue of what constitutes proper validation, and the credit industry is frightened of such a decision.

Message 24 of 102
New Contributor

Re: Debt Validation

I read that you have to DV a CA within 30days of "the notice". What if you never received a notice, you just found them on your credit reports?
Message 25 of 102
Senior Contributor

Re: Debt Validation

The FTC has a number of Staff Letters online.
 
The one you want to see regarding DV is the Cass letter.
 
II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute.
Message 27 of 102
Established Contributor

Re: Debt Validation

I'd like to get this straight if you could help...upon receipt of first CA notice (Dec 2005), I sent notice debt not mine 5 days from receiving this notice, never heard a word.  I did NOT send the DV until I received my next piece - Summons & Complaint, 6 months after I disputed the debt...I realize now you say they can take all the time in the world to validate...if they have a "statement copy" and that's it, to which, I just received May 2007, one YEAR after request for validation.  This time in their package they included all the documents I sent them with my response to their summons...all the notices from different CAs and theirs, plus the validation letter...they aren't collecting for the OC, but for themselves.  Fred Hanna was one of those companies.

Thank you for clarification - need to know if I'm flat out screwed because the LVNV company they are trying to collect for has been reaging & reporting b.s. on me for the past 3 years.
Message 28 of 102
Senior Contributor

Re: Debt Validation

The notice you sent 5 days from receiving the original notice in December 2005 constitutes your timely DV. Language of the letter isn't important. The statute, and no caselaw that I know of, in any way indicates specific language you the consumer must use. It could be in crayon, lined paper, and state "This ain't mine" along with your name and address, and I suspect that would constitute a DV letter. You don't even have to sign it. If you sent it CMRRR, and saved the paper trail, you DVed and you can prove it in court. If the very next thing mailed to you wasn't proof that the debt is yours, then they are in violation of FCDPA. Every call, letter, lawsuit, and CRA reporting to all 3 CRAs is a violation.
 
Fred Hanna has a special place reserved in H*ll. In response to EVERY statement you get from these twits regarding this claim, send a DV letter. Some CAs are slow fish and you have to hit them repeatedly. Repeat yourself. "I sent a letter requesting validation of this debt on December XX, 2005. See enclosed copy. This debt is not mine, you have not validated, and you are now in violation of FCDPA."
 
Every time they switch it to another CA, send them a DV letter. That's a game played when they know the debt isn't your. Switch to another CA and make you think it's a different debt. If that CA has previously contacted you and you DVed them, advise them they are now in violation.
 
If they sued or are threatening to sue, I suggest you take all your paperwork and contact a consumer lawyer. Try myfaircredit.com or naca.net
 
Call and inquire about discussing your situation. You might get a lawyer, more likely a paralegal, perhaps only a receptionist.
Message 29 of 102
Established Contributor

Re: Debt Validation

Noah,
 
I sincerely appreciate your help...I did not send the original Dec. 5 via certified because this was the 3rd company; however I did send them a copy of the original letter I had sent them when I responded in May to their Summons so that part I see as probably being my word against their word?  They included that copy of letter though along with my letters to Hanna & Capital Mgmt (those were the first two) in this latest packet of Summary Judgment info to me...
 
I emailed an attorney yesterday via the MyFairCredit.com website so I hope I'll hear tomorrow, there is an attorney in MN with a great reputation for these fights.
 
Again, my humble thanks.
Message 30 of 102