CA says it won't validate without my signature

[Anonymous]

Have you seen this before? 

I sent a DV letter to a CA and received the following response:

"Thank you for your letter; however, since you failed to sign it, we have nothing to send since we must have your signature to provide any information you request."

Suggestions?  Do I DV back with signature or what?  Everything I have read in this forum says DO NOT SIGN a DV letter. 

[Anonymous]

NEVER sign!!!!  They have up to the 30 days to answer.....what they sent you is nothing!!

When their 30 days are up send the next DV....do not sign it!!   CMRRR

make changes where needed!   do not sign!!!

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.

Thank You,

TYPE NAME

Message Edited by HappyDays on 03-13-2008 01:44 PM

[Anonymous]

Is the address the same on your reprot as on your letter?  They are sending to an address that they can verify (and probably already did).

THIS IS BS to get around validating - probably because they can't.  There is NO LAW that says o have to sign the letter.  Wait the 30 then kick their butt with AG complaints and FTC complaints and lawsuits if they continue to report.

[Anonymous]

WOW!!!

What AUDACITY!!!!!!!!  I want to scream from the mountain tops and tell everyone I see to visit this site and get educated because the CAs are true bas&^$%s!  The ONLY reason they are making money is because the general public is ignorant to the laws and their rights.

Just wait dirty rotten CAs.  Your days are numbered!  ROFL 

Onward.....Ficonians!

[Anonymous]

---

HappyDays wrote:

NEVER sign!!!!  They have up to the 30 days to answer.....what they sent you is nothing!!

When their 30 days are up send the next DV....do not sign it!!   CMRRR

make changes where needed!   do not sign!!!

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.

Thank You,

TYPE NAME

Message Edited by HappyDays on 03-13-2008 01:44 PM

---

Oh and thanks Happy! This was the letter I was looking for earlier.

[iltph]

Am I missing something? Why bother sending them a second DV letter if they don't bother to get sufficient information to you within 30 days of the first letter? Why not just send the proof of the failure to validate to the CRA and dispute it?

[Anonymous]

iltph,

I was told just yesterday that - and I'm paraphrasing - by sending it just after the 30 days, the CRAs may see it as a simple dispute and may attempt to get the CA to validate.  By sending the second DV it solidifies your case against them. I've ALSO read that sometimes the CRAs won't remove it even then.

I'm in the same predicament with two CAs so we'll see.  GL!

[Anonymous]

Usually the CA doesn't answer   then you send to the CRAs.....this is different........the 2nd DV is telling them to validate or DELETE

[Anonymous]

Thanks, I'll try this.  I am making payments on this debt (old medical bill for ankle injury, it is mine, insurance should have covered, but I don't even know if the hospital filed properly, never got anything from hospital or ins co, but that's another issue I'll deal with). 

Anyway, the reason I asked the CA for DV is because I am currently paying an attorney (representing the original creditor) for the debt.  The CA listed on my credit reports is not the attorney.  I know it's the same debt, it's the only one I have.  The attorney's name and address where I send my payments is different from the CA's name and address on my credit reports, but after I did a little research, I found out that the attorney is in the same building as the CA.  I thought that the information on my credit report should match who I'm actually paying.  To my knowledge, I never received anything from the CA listed on my credit reports, only from the attorney that I'm paying.  If the CA isn't the one I'm paying, they shouldn't be allowed to report to CRA's.  Is this right?    

[Anonymous]

Also, the attorney is not reporting to the CRA's, just the other CA (North American Credit Services). 

Message Edited by kinak on 03-14-2008 07:04 AM