cancel
Showing results for 
Search instead for 
Did you mean: 

Toyota sent a letter requesting account number after sending debt validation? is this legal?

Highlighted
Valued Member

Toyota sent a letter requesting account number after sending debt validation? is this legal?

I am asking this question for a friend.


She have two old repos on her credit report from Toyota. She sent a debt validation, which was aggressive; demanding debt validation. She included her name, social security number, and birthdate along with address on the letter. The letter is highly professional and direct. She demanded a copy of the primossary note, contract, copy of her ID and social to verify that this debt indeed belong to her. In the letter she threaten to file a complaint and lawsuit against the company if they refuse to validate. She sent certified mail.


This morning she got a letter from them that included her "ORIGINAL DV LETTER" she sent, with their stamp on it, and additional letter that says " We are unable to referrence an account with the information you provided please send the account number and VIN to the vehicle". She don't have either of these numbers. And I told her not to send them anything until she get legal advice. Because how could TOYOTA be reporting negatively onto her credit but yet can't reference an account with the provided information? Which means if you can't find any accounts with the given information, then they do not exist and there's been a mistake.

 

I am helping her file a complaint with the CFPB. Is this legal? Will she win this?

Message 1 of 4
3 REPLIES 3
Highlighted
Community Leader
Mega Contributor

Re: Toyota sent a letter requesting account number after sending debt validation? is this legal?

They're not required to send a debt validation letter. In a collections scenario, they're simply required to notify it's in collections and you have 30 days to dispute it, when they take ownership of the debt. They don't even have to get it to you, they just have to make an effort like sending it to an old address if they don't have your new one. As for not being able to find the account, seems a little odd when a SSN is provided.







Message 2 of 4
Highlighted
Moderator

Re: Toyota sent a letter requesting account number after sending debt validation? is this legal?

If she owes the debt, she's not winning that by a long shot.

Additionally, if she is still in SOL, she could get sued at any time, and they will produce whatever evidence is required at that time. As original lender, they have everything they need. 

 

If she owes this debt, how would this complaint even be filed. "I owe it, but they refuse to prove it". 

It really doesnt work like that. 

This is not the way to go about it. If sending a letter was all it took for collections and charge offs to disappear, no one would have them. 

 

Instead of making a bad situation worse, she should attempt to settle and pay off what she can. She got the car, after all. 

We're not talking about $50.00 medical collection here. 

 

If she doesnt owe the debt, never had the car, that's what the disputes and complaints are for. 

You might be sleep deprived if you try opening car door with Samsung Pay
Message 3 of 4
Highlighted
New Member

Re: Toyota sent a letter requesting account number after sending debt validation? is this legal?


@Remedios wrote:

If she owes the debt, she's not winning that by a long shot.

Additionally, if she is still in SOL, she could get sued at any time, and they will produce whatever evidence is required at that time. As original lender, they have everything they need. 

 

If she owes this debt, how would this complaint even be filed. "I owe it, but they refuse to prove it". 

It really doesnt work like that. 

This is not the way to go about it. If sending a letter was all it took for collections and charge offs to disappear, no one would have them. 

 

Instead of making a bad situation worse, she should attempt to settle and pay off what she can. She got the car, after all. 

We're not talking about $50.00 medical collection here. 

 

If she doesnt owe the debt, never had the car, that's what the disputes and complaints are for. 


Well, I do know the LAW. And I know that creditors has to prove that the debt is yours by law if you're demanding it. To be honest, you could be heard on a recorded line admitting to owing this debt and that alone will not be enough to tie you to a debt if you later feel that it was an error. Just think about this scenario: IF I go into a police station and tell the police that I committed a crime... do you think they're going to say "OK, thanks for telling us, we're going to arrest you, and have you prosecuted". NO! That's not how the law works, the LAW is unfair in some cases... but this is not LEGAL. The police would have to have more than just a "confession" to stand on... a confession is useless without proof and evidence. 

 

And in another scenario if I fit the description of a criminal and the police arrest me in a case of mistaken idenity... if they don't have proof or anything proving that it was ME, and that I was there.. they have no case. I don't care how much they want to believe it's ME. There are LAWS and RIGHTS. Why do you think lawyers exist? 


The creditor has to validate this debt belongs to her. She doesn't have to admit to anything and can honestly say she has bad memory and do not remember working with this company. Cause she doesn't. That's why the creditor has to prove her wrong and provide validation of the debt. Where's the primossary note? Where's the signed contracts? Where's the copy of the LICENSE or ID that is needed when buying a car? Otherwise, it could be fraud! OR someone in their creditor department could be reporting in error? It could easily be someone with a similar name? it could be someone with a similiar birthday? and the credit reporting department at the creditor's office could be reporting falsely and innaccurately. ALSO, this debt is 6 years and 3 months old... in the state of PA the statue of limitation is 4 years. Therefore, they can't try to collect anymore due to the old debt. And she's not too much worried about being sued or garnished... she'll deal with that as it come, they never tried and by law they can't now due to SOL. We're just fighting the credit reporting aspect. 

 

We are actually waiting for a call back from a lawyer to get advice on how to proceed

 

Oh and btw, I'm the sister Smiley Very Happy

Message 4 of 4
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.