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.
@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 