CA says they don't have to validate

Anonymous · ‎03-19-2008

I Dv'd a CA who is reporting 2 accounts from a past business venture. By the time these debts had occured, I had already signed off on everything on the business and turned it over to someone else.

I may have gotten something on one of the debts and believe I called and said that I wasn't responsible for it. This was back in like 03 or 04. But I believe the debt I called about is one that is not showing on my CR but is showing on my past business partner's report. And in the letter the clearly state that they communicated with my business partner, not I.

The letter says :

This is in reponse to your letter dated XXXX in which you are disputing two accounts showing up on your credit bureau file. Both of these accoutns were paid in full with the last payment being received in September 2006. Please check to see if your credit file is showing Paid Collection with a zero balance and if so we are reporting correctly.

The validation you are requesting is done within the first 30 days after the initial communication. This account was not disputed and our communication was with your business partner and co-signer, XXXXXX. Both accounts were paid in full almost two years ago.

Sincerely,

blah blah blah

Couldn't I reply with a letter stating............The initial contact was when you received my letter in February, so I am within the 30 day validation window, seeing as you state in your own letter that you communicated with XXXXXX and not myself?

Anonymous · ‎03-19-2008

sidewinder wrote:
I Dv'd a CA who is reporting 2 accounts from a past business venture. By the time these debts had occured, I had already signed off on everything on the business and turned it over to someone else.

I may have gotten something on one of the debts and believe I called and said that I wasn't responsible for it. This was back in like 03 or 04. But I believe the debt I called about is one that is not showing on my CR but is showing on my past business partner's report. And in the letter the clearly state that they communicated with my business partner, not I.

The letter says :

This is in reponse to your letter dated XXXX in which you are disputing two accounts showing up on your credit bureau file. Both of these accoutns were paid in full with the last payment being received in September 2006. Please check to see if your credit file is showing Paid Collection with a zero balance and if so we are reporting correctly.

The validation you are requesting is done within the first 30 days after the initial communication. This account was not disputed and our communication was with your business partner and co-signer, XXXXXX. Both accounts were paid in full almost two years ago.

Sincerely,

blah blah blah

Couldn't I reply with a letter stating............The initial contact was when you received my letter in February, so I am within the 30 day validation window, seeing as you state in your own letter that you communicated with XXXXXX and not myself?

Send a letter and a copy of there letter......tell then that you sent a DV when you pulled your CR and YES by federal law they must answer within 30 days!

If you did not pay them.........tell them that you did not pay them so for proof of what they are reporting send copy of the cancelled check showing their co name as payee AND your sig on check.

Also grit your teeth and tell them if they do not comply with the law that you will turn it all over to your attorney forall legal action at your disposal. DON'T SIGN it type name

Message Edited by HappyDays on 03-19-2008 02:39 PM

Anonymous · ‎03-19-2008

Should I tell them that I was no longer on the papers to the business or responsible for any debts at the time this debt occured?

Anonymous · ‎03-19-2008

Sidewinder,

No matter what they say, they are still required to validate the debt!! How much the amount ?? Is it past SOL??

Anonymous · ‎03-19-2008

never give any info to any CA....they will use it against you.

Start you letter with this amke all changes where needed. make sure you put in there that you want proof that you paid! This tells them that it has already been decided in court that they must answer.

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:

Message Edited by HappyDays on 03-19-2008 03:20 PM

Message Edited by HappyDays on 03-19-2008 03:22 PM

Message Edited by HappyDays on 03-19-2008 03:22 PM

Message Edited by HappyDays on 03-19-2008 03:24 PM

Anonymous · ‎03-19-2008

They haven't updated and aren't reporting a balance..........so would this letter apply? They haven't pursued collection activities. My CR shows this account paid and with a zero balance.

HappyDays wrote:
never give any info to any CA....they will use it against you.

Start you letter with this amke all changes where needed. make sure you put in there that you want proof that you paid! This tells them that it has already been decided in court that they must answer.

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:

Message Edited by HappyDays on 03-19-2008 03:20 PM

Message Edited by HappyDays on 03-19-2008 03:22 PM

Message Edited by HappyDays on 03-19-2008 03:22 PM

Message Edited by HappyDays on 03-19-2008 03:24 PM

Anonymous · ‎03-19-2008

There are 2, less than $300 each. Don't remember the exact amounts right off hand, I'll look later. They are both paid, so SOL doesn't matter.

gatoravi8tor1 wrote:
Sidewinder,

No matter what they say, they are still required to validate the debt!! How much the amount ?? Is it past SOL??

Anonymous · ‎03-19-2008

Take them to small claims court!! Take as much documentation as possible. Here in FL it costs between $45-$60. If already paid they won't show. Judge will rule in your favor. Send copy of ruling to CRA's They will have to delete or they are in violation, and you can sue them!! I have won 3 cases in the past year by doing this.

Anonymous · ‎03-19-2008

I just want it removed. I'd rather not go to court.

gatoravi8tor1 wrote:

Take them to small claims court!! Take as much documentation as possible. Here in FL it costs between $45-$60. If already paid they won't show. Judge will rule in your favor. Send copy of ruling to CRA's They will have to delete or they are in violation, and you can sue them!! I have won 3 cases in the past year by doing this.

ngerasimatos · ‎03-19-2008

Sometimes court is the only way to go.

Try not to become a man of success but rather to become a man of value
Albert Einstein 1879 - 1955

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