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H Warfield advice

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Anonymous
Not applicable

H Warfield advice

I have a collection that recently popped up for 4700. I know it is mine but it shouldn't be near that amount. Any suggestions on how I should tackle this? Ultimately I want it removed...

I'm willing to settle if I have to but would like to explore my options before I start. Any advice would be greatly appreciated.
Message 1 of 7
6 REPLIES 6
RobertEG
Legendary Contributor

Re: H Warfield advice

Some states now have enhanced debt collection practices statutes/regs that include requirment to provide an itemization of the asserted debt.

What is your state of residence?

 

In determining the legitimacy of additional amounts above the principal balance of a debt, such as interest, FDCPA 808(1) makes it a violation for a debt collector to attempt to collect such amounts unless they are either explicitly authorized in the contract with the creditor or business that created the debt, or otherwise authorized by law.

Thus, a first step is to pull the agreement with the creditor and check for what is explicitly authorized regarding additional amounts on delinquent debts.

 

There is some case-law precedent in some jurisdictions that interpret the FDCPA as permitting, as part of a DV request, for a request for an itemization of the debt.

If a DV would still be timely, you may wish to send a DV and include a request for itemization.  It may or may not be required or complied with, but does not hurt to try.

If, as stated above, your state has an enhanced debt collection statute or reg, then you would have clear authority to request itemization.

 

Finally, regardless of what a debt collector may be asserting as the current debt, you can always offer less as full settlement, such as by offering only the principal amount of the debt.

Message 2 of 7
Anonymous
Not applicable

Re: H Warfield advice

Wow great information. Thank you!

I live in Illinois however the debt is from Michigan.

Do you think asking for a validation with the paragraph mentioned that you just provided a good place to start?
Message 3 of 7
RobertEG
Legendary Contributor

Re: H Warfield advice

When did they send dunning notice?

If immediate removal of the collection is your primary goal, then you might want to first offer a pay for deletion by offering a settlement amount of the principal debt. 

Message 4 of 7
Anonymous
Not applicable

Re: H Warfield advice

I never received one. It was first reported on my credit report 3/17
Message 5 of 7
Anonymous
Not applicable

Re: H Warfield advice

What would be a good offer on a 4700 debt though? And if they don't want to work with me on that will I still be able to request validation? Thanks again for all the help.
Message 6 of 7
RobertEG
Legendary Contributor

Re: H Warfield advice

A consumer can request debt validation at any time, but unless the DV is timely, it imposes no limitations or requirments, and can be ignored.

 

A DV is timely if sent either without prior dunning notice, or if sent within 30 days after receipt of dunning notice.

If they did not send a dunning notice, then your DV will be timely.

Your statement that you did not receive a dunning notice does not necessarily preclude their assertion that they did send.

 

A timely DV, however, does not impose a requirement on the debt collector to provide validation.

It imposes a cease collection bar on the debt collector, which prevents them from continuing active efforts to collect on the debt until they have first sent validation.

You will be in limbo until such time as they choose to send validation.

 

 

Message 7 of 7
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