Debt Validation

[Anonymous]

I have a CA who refuses to work with me.  I have sent them several letters and most recently sent a certifed one with return receipt and they still won't provide me with the proof I am asking for or respond at all for that matter. EQ took it off my CR but Ex and TU won't budge.  Is it time to take legal action and if so how much can I expect to spend (I am hoping that maybe a letter from an attorney will do it). 

[Anonymous]

First I'd find out if there licensed to do business in your state...if not, then a nice complaint letter to your state attorney general with a copy to them is a cheap way to start off...then there is a complaint with the FTC which works for both CA and CRAs. The only thing that costs is the postage.

If you have a friend who is an attorney, you can usually get them to write a letter for you or you can write an ITS letter and tell them you've contacted an attorney who is willing to take your case and that if you have to go that route, then they will be liable for court costs and legal expenses.


Kevin

[Anonymous]

---

@Anonymous wrote:

I have a CA who refuses to work with me.  I have sent them several letters and most recently sent a certifed one with return receipt and they still won't provide me with the proof I am asking for or respond at all for that matter. EQ took it off my CR but Ex and TU won't budge.  Is it time to take legal action and if so how much can I expect to spend (I am hoping that maybe a letter from an attorney will do it). 

---

What do you mean refuses to work with you? They will not contact you at all about the debt they are reporting? Or they will not agree to some kind of terms with you?

If they are not contacting you about the debt at all. Try to Dispute it with the CRA's. If it comes back validated, then send a MOV letter to the CRA's, in which they need to provide you with the contact info they used to validate your debt. Once you have this info, send a letter to the CA. Either a "what debt letter" or a PFD letter depending on your situation.

I am not sure that they are legally required to communicate with you. You can find a DV letter and modify it to fit your situation. send this CMRRR. That should get some knid of response.

However, remember, if they are not harrassing you, just reporting you to the CRA's, this can have the same effect as kicking a wasp nest.

As far as the legalities of the situation, maybe Noah, or TNWM, or Tuscani will chime in.

Dave

[Anonymous]

Nothing says that a CA must respond to a DV letter. However they can not do any type of collections. such as reporting to CRA , calling, or writting UNTIL they validade.  You must have notified them within 30 days of knowing of the debt.

I myself NEVER talk to them on the phone!  they lie

Also as Dave said  make sure that they are licensed in your state

Most of us did not know until we received mail or call or pulled our CR. read this tread:

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328

Message Edited by HappyDays on 08-06-2007 12:40 PM

[Anonymous]

Here's a little more back ground

(ok so after some back and forth I was able to get Equifax to remove a collections tradeline from my cc (the CA is FCO) since they are unwilling to provide me with actually billing of repairs to an apartment that I leased 3 years ago's carpenting repair (they are charging me 700 to replace low grade capreting in a very small room for a small iron burn).  Now I got a letter dated 7 June in which FCO is advising me that in 90 days they are scheduled to post or already posted the collections account to all 3 CRA;s (I'm not sure if they realize that EQ removed it from my Cc).  I don't know how to handle this.  What if they post it again and this time Equfax won't be as "nice" and remove. They are very nasty so calling them is out of the question (Fair  Collections and Outsourcing is there name), what type of letter should I send to these idiots)

They have validated, just not what I am asking them for (I want proof that it costed them $700 to replace the carpet).  I will not pay if 1- they can not prove and 2-they will not remove form my CR.  I have come such a long way (I went from 530 to 678 since November with EQ) and know that it is affecting my score with EX very much so I don't even check my score with them. 

The one time I did call them  (the CA ) they really acted liK they could care less if i payed them or not so I dont seem to have much negoiating power in that case.

[Anonymous]

send another DV and in it state...to validate send me.Complete documentation including signiture that this debt is mine! Also proof of repairs from company that did the work! Name , address and phone#

of said company. License # of said company. complete list of repairs along with labor cost and cost of items replaced or repaired.  CMRRR

never admit anything!

[Anonymous]

---

Applebee wrote:

They have validated, just not what I am asking them for (I want proof that it costed them $700 to replace the carpet).  .

---

Just a side note, a landlord can not charge you for "new" carpet. Only the life left for the carpet.

[Anonymous]

What I said in last message but add..........ON COMPANY LETTERHEAD!!!!! meaning the co that was poss to have installed the carpet.  also what was said....most states have a way to value carpet & stuff. If it is old the person is not respons. for full value.

[Anonymous]

Thanks everyone.  I need to get busy with this so I can move on already.  This matter is taking way to much of my energy.

[Anonymous]

So I finally check my score for the CR that has the collections and shockingly it is one point high than the one that has no collections EQ 676, EX 677  (and that's with 2 unpaid collections account)  I use 8% utliziation on both.