Student Loan Collection - NEED HELP

[Anonymous]

Hi myFico Users -

I recently received a letter from an attorney office regarding regarding a debt through National Collegiate Trust. I did some research and found that debts through this trust are often invalid. Despite falling behind on some student loans previously, I don't have any record or collections on the account or in the amount in question. To my knowledge, all my collections and loans had been paid-off or are currently in repayment. I would like to send a letter to the collection agency in order for them to prove that this loan is legitimate and that they have the right to collect it. I think it may be for a loan that I've already settled.

Is there a sample letter that I should use for this situation? And is validation/verification the correct route to take?

Thanks,

Tim

[RobertEG]

You can request debt validation by sending a DV request under the provisions of FDCPA 809(b).

However, section 809 imposes a timeliness requirment for debt validation requests of within 30 days for dunning notiice.

Otherwise, they can be ignored.

When did you receive dunning notice?

However, debt validation, as generally interpreted by the courts, only requires the debt collector to investigate and make a finding as to verification.

It is not a legal proceess that requires either party to "prove" their assertion or finding.

Additionally, even if timely, a DV request only imposes a cease collection bar on the debt collector, which remains in effect until such time as they choose to send validation.

There is no requirement to or period for their validation.

To require evidence and obtain a finding as to legal validity of the debt, you would need to bring civil action contesting the debt.

[Anonymous]

RobertEG -

Thanks for your response. I recieved the letter on Febuary 11th, so I am still within the 30-day period. Sounds like a DV letter is what I am looking for. Do you know where I could find a sample of this type of letter?

Thanks again,

Tim

[RobertEG]

A DV need not assert or document any specific or actual inaccuracy, and should be simple and straightforward.

Sample:

"This is a request for debt validation under FDCPA 809(b).

In addition to verification of the debt, I additionally request the name of the original credit and an itemization of the asserted debt."

[Anonymous]

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@RobertEG wrote:

A DV need not assert or document any specific or actual inaccuracy, and should be simple and straightforward.

Sample:

"This is a request for debt validation under FDCPA 809(b).

In addition to verification of the debt, I additionally request the name of the original credit and an itemization of the asserted debt."

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I would also request the date of original default as well.