Proper Debt Validation

[Anonymous]

exactly.

[Anonymous]

There have been cases where the CA (collecting on contingency)has produces the original contract. There has been some success using a 'or assignees' clause when the original contract is available (AND actually have the clause in them.) Just because a contract is available, it doesn't mean the clause is in there. THAT's the key point. When we're talking about a JDB, they RARELY have access to the original contract. You have to understand, These JDB's/COllectors get a data dump on a CD-ROM consisting of 1000's of 'accounts' with nothing more than a debtor's name, original account number, and balance owed associated with each 'account'. No media at all. What's more, the contracts from the original sale of these defaulted accounts contained a clause whereby the buyer of them, agreed to NEVER involve the original creditor or their employees in any legal actions resultant from the sale of those accounts. This includes asking for any paperwork. That is why the purchasers and subsequent owners/collectors of these accounts can NEVER attest in any legal setting to the authenticity of what they plead in court papers. If people have been successfully sued by JDB's it's because they either didn't show up in court, didn't file their counters correctly or maybe just didn't know how to defend themselves.

Message Edited by Lonnster on 01-11-2008 03:12 PM

[Anonymous]

Wow, thank you so much for all the information. I was sent to collections by my previous landlord after being a model tenant for almost four years. I did not have a clue how to fight this - turns out I did everything wrong, according to this forum, assuming it was a simple error on the manager's part. that would be corrected once I faxed in all sorts of documentation showing I had paid a deposit,  a copy of my move-in checklists showing the "Damage" they were charging for already existed, and that I had left the apartment infinitely cleaner than I found it and so on. I made multiple phone calls (none returned) to no avail. I had a perfect credit history until this, and because of an $85 charge I did not owe, my score went from the 720's to 594. I was beside myself, needless to say. I now feel there might be some hope of getting this resolved. Thank you again for the education! I'll let you know how it all turns out.

[JJF]

Lonnster great letter.  I have one suggestion and one question.

I love sample letters, but I often can't figure out when to fill in the blanks.  My suggestion is to bracket the fill in the  blanks part with  <fill in the blanks>.

Also,  will you please help me with the following sentence in your letter, both in term of <filling in the blanks> as well as what it means.  Thanks.

 

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@Anonymous wrote:

• If the alleged debt was purchased, provide a copy of an agreement between <Debt Collection Company Name> and myself, signed by me, stating that I have a contractual responsibility to <Debt Collection Company Name> for the alleged debt

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I need to replace  <Debt Collection Name> with the specific name of the CA?  Obviously, one does not exist as I have never heard of the CA before, so why am I asking for it?  Help and thanks.

[Anonymous]

To anyone who tries to use this method to get rid of a debt they simply don't want to pay I caution you, dept validation should only be used if you really don't know the debt is yours, or if your not sure the ca has the right to collect the debt.. The law says they do have to validate, however, it remains unclear whether or not suing you is a collection effort under the 30 day dv period, and my creditors hard up for money will sue you to get the dough.

I know it happened to me, I dv'd and instead of getting validation or some other relief, I got a summons. on a small debt under 500.00 and a debt I really didn't know was mine and I lost. there is nothing in the law to stop them.  I suggest if it's yours and you know it, pay. CA's are very savvy and know when they are being bluffed, and more and more are fighting back. They don't get contracts to collect if they don't collect, and many just hire lawyers local to you and if you lose you pay their fees. I have sat in the courthouse and watched debtor after debtor being sued in small claims in one day over 300 in one court room for cc, cell phone bills, and medical bills.

good luck

[Anonymous]

I have CC debit.  Should I use this letter?  Do I write everything from this example?

[llecs]

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shannon13 wrote:
I have CC debit.  Should I use this letter?  Do I write everything from this example?

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Welcome to the forums!

I'd suggest reading the following:

Common Abbreviations

Credit Scoring 101 - great for knowing what is in your credit score and to see how your score is impacted.

and What Steps Do I Take - great for learning the repair process.

DVs are allowed by the FDCPA and are only for CAs. If you are out of SOL or you have the $$$ to PIF, then send it if a CA is trying to collect or is reporting.

Don't use it if the debt is medical-related. If medical, follow the HIPAA process.

[Anonymous]

What if it is not out of SOL, and you can not PIF? I received a letter from a law firm stating that "none attorney with this law firm has personally reviewed the particular circumstances of {my} account...but that they may consider all available remedies to recover on the balance due". I won't get into all the details of the situation, but the OC "charged off" my account a little over two years ago, and the CA has a substantially higher amount due than was charged off (about 3 times higher, which I definitely cannot PIF)

[llecs]

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LackofActionwasDumb wrote:
What if it is not out of SOL, and you can not PIF? I received a letter from a law firm stating that "none attorney with this law firm has personally reviewed the particular circumstances of {my} account...but that they may consider all available remedies to recover on the balance due". I won't get into all the details of the situation, but the OC "charged off" my account a little over two years ago, and the CA has a substantially higher amount due than was charged off (about 3 times higher, which I definitely cannot PIF)

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Is the OC reporting a balance? If so, they would still own the debt and you could work things out with them and avoid the CA. The OC would insist that you talk to the CA but if you really push the issue, you can get confirmation of ownership and offer a PFD to the OC.

Did you ever DV the CA? If not, don't. If SOL hasn't expired or you don't have the $$$ to PIF based on the CA's balance, then take a low profile and chill. When does SOL expire? The issue is that DVing, calling, etc. would wake them up and increase the odds of getting sued. The CA will try to sue based on their amount, even though they legally cannot charge that. If this went to the CA a couple years ago, and they are charging 3x, then your interest rate is over 100%. They can't do that.

When does SOL expire?

[Anonymous]

I believe that the SOL will expire in December 2009/January 2010, so they still have 7 or 8 months left. I definitely can not PIF, even if it were the amount originally owed. I was going to DV, but then I read on these forums that you shouldn't DV if (a) SOL has not expired, and (b) if you can not PIF.

I have scheduled an appointment with a consumer law attorney to discuss this and hopefully work something out. The original amount owed was over $20,000 and the CA is claiming $74,000. Because of the high dollar amounts, I don't want to ignore it since there may be a higher likelihood of them suing before the SOL expires.