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Regular Contributor
Posts: 124
Registered: ‎04-23-2007
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Re: Debt Validation

I had a bank account that was charged off that I refuse to pay for various reasons.  If I dv the debt does the ca have to send me the actual signed application for the bank account to show that the debt is mine.  I never signed anything.  The banker just opened a savings account for me but I never went in to sign the paperwork.  Now the account has been charged off and sent to a ca.
Frequent Contributor
Posts: 259
Registered: ‎03-13-2007
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Re: Debt Validation

What if you never recieved a letter and only found out about the collection from your credit report or a phone call? We have 2 each of them on our reports (2 on mine and 2 on his from different companies). Can you still send them DV letters even though they have been on the report for more than 3yrs.
Thanks,
Debbie :smileysurprised:)
Senior Contributor
Posts: 4,635
Registered: ‎03-11-2007
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Re: Debt Validation



loloswims wrote:
If I dv the debt does the ca have to send me the actual signed application for the bank account to show that the debt is mine.  I never signed anything.  The banker just opened a savings account for me but I never went in to sign the paperwork.  Now the account has been charged off and sent to a ca.


FDCPA says "the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."
 
 
Statutes don't say exactly what constitutes adequate verification. It's likely going to vary from one District or Circuit to the next--until something comes up before the SCOTUS and they grant cert.
 
Senior Contributor
Posts: 4,635
Registered: ‎03-11-2007
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Re: Debt Validation



nikkoslilmouse wrote:
What if you never recieved a letter and only found out about the collection from your credit report or a phone call? We have 2 each of them on our reports (2 on mine and 2 on his from different companies). Can you still send them DV letters even though they have been on the report for more than 3yrs.


If you've known it's been on your CRs for 3 years, then you're beyond the 30 days. If you didn't find out until just recently, then in my non-legal opinion the 30 day clock started ticking when you found it on your CRs.
New Member
Posts: 2
Registered: ‎07-26-2007
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Re: Debt Validation

So if you send in a debt validation and they respond with all the required items but the date of the debt was in 1999? Then they are not supposed to be reporting that to the CRAs, right? What would be the next step if that is the case? Thanks!!
 
DLR
Senior Contributor
Posts: 4,635
Registered: ‎03-11-2007
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Re: Debt Validation



DLR76109 wrote:
So if you send in a debt validation and they respond with all the required items but the date of the debt was in 1999? Then they are not supposed to be reporting that to the CRAs, right? What would be the next step if that is the case? Thanks!!


This presents an interesting twist.
 
A list of "required items" is somewhat elusive. In short, it's going to vary by District and Circuit.
 
Assuming the CA sent adequate validation of a debt from 1999, that would prove the debt was owed but simultaneously give evidence that it could not be reported to the CRAs. The CA complied with FDCPA, and they can no longer report it to the CRAs. If they don't delete within some "reasonable period", they are risking a violation of FDCPA. However, you can also dispute with the CRAs. Should not be too hard to get it deleted.
 
Debt validation is in the FDCPA, and that deals only with the reporting of debts. SOL might still apply. You can be beyond the CRTP but within SOL. If so, they can still sue.
 
New Member
Posts: 4
Registered: ‎07-31-2007
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Re: Debt Validation

where is the flow chart?  im new to this also and am trying to get a handle on what i need to do. 
 
i have a couple old items on my report  (from 2001 and 2002) that i think could be easily cleaned up (under $100). 
 
but there seems to be a few different options of what i can do from here, i dont want to do the wrong thing and have it adversely affect me.
 
any insight you have is much appreciated.
Senior Contributor
Posts: 4,635
Registered: ‎03-11-2007

Re: Debt Validation

Regular Contributor
Posts: 176
Registered: ‎03-20-2007
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Re: Debt Validation

What if you DV an acct that hasn't hit your CR yet? That's what happened in my situation. I have SW and TC so I'm monitoring daily to see if this CA has hit my CR. I received the letter June 29 and then did a DV and they received it on July 14. They called a week later but apparently wasn't aware that I had sent a DV (the rep didn't even know what I was talking about). I got into an argument with her and hung up on her. They've tried calling a few times since then but I let it go to voicemail since I recognize their number.
 
I still haven't received anything via mail and so I'm unsure of what to do next especially since it isn't on my CR.......YET. Can anyone point me in the right direction??
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