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Collections.. What do I do after debt validation?

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Michael982
Contributor

Collections.. What do I do after debt validation?

I sent DV to a collections agency. It was for an apartment that I had when I was 18. We renegotiated our contract a while ago and moved to another arprtment in that complex since we wanted to downsize, but I guess they never closed out the other contract. Well i figured proving that would be a pain especially since i have no documentation of anything, but i still sent a DV. Well they attempted to validate it. The contract they returned had my a name my friends called me by. The only place it had my actual name was on the last page and someone else signed it. This is a easier way of disputing it, but what do I do now? Should I send everything to experian and highlight and notate all the incorrect information? Or should I call the collection agency and tell them there not proof this is my debt and tell them to remove it?

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RobertEG
Legendary Contributor

Re: Collections.. What do I do after debt validation?

The DV process is not a process that requires debt validation.

It is a process that enables a consumer, provided they send their DV within 30-days of the debt collector's dunning notice, to bar continued collection on the debt until the debt collector has first provided the requested validation.

 

It is a matter of interpretation/opinion as to whether what they have provided constitutes adequate validation.  Neither the statute nor most binding case law mandates that validation must include documentation.  However, should you feel that what has been proivided is not adequate validation, that simply means that you consider the debt to remain unvalidated, and thus that they continue to be under a cease collection bar.  As long as they dont initiate collection activites, lack of validation at this point is not a vioaltion of any requirment.

 

There is no requirment to delete their collection based on their lack of validation of the debt.

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gdale6
Moderator Emeritus

Re: Collections.. What do I do after debt validation?

You say its signed by someone else? Did you authorize them to sign on your behalf ?  This smells like forgery to me but you also say you renegotiated the agreement so its not like you were not aware of it. I do believe this is a case of negligence, they were well aware you were moving and allowed the renegotiations. I might get a legal opinion on this. Your other option is to offer the CA a PFD

 

 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Q-amp-A-Examples-and-PFD-Success-Stories/...

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Example-Letter/td-p/4519

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