Debt Validation First Premier Bank

[kittycreditmeow]

I sent a debt validation letter to first premier bank, it was certified and in the letter I stated do not contact me by email or phone and to respond by letter in mail only. Well they went against that and sent me an email saying:

"We received your request for debt validation for your credit card account; however, the request does not satisfy the minimum requirements for a valid request. In addition per the Fair Debit Collection Practices Act (FDCPA) the term "debt collector does not include the original creditor; therefore, we are not required to obtain debt verification of the debt or provide verification to the consumer." 

Now they did continue on the next paragraph to mention that the account was opened via online application in my name and they stated my name which I know according to my research is sadly enough to be considered verification but I don't understand the first part. I'm not on the uppity up of laws so if someone wouldn't mind dumbing this down for me and is there anything else I can do at this point to get the account removed off my credit report? To me it sounds like they are refusing to provide validation but then provided it anyways to the minimum that is accepted. I sent out several debt validation letters and they were the first to respond so I guess I just want to be informed in case this lingo is used in the other letters. 

[FireMedic1]

Did you happen to send thee letter within 30 days? After receiving your dispute, the collector must stop attempts to collect the debt from you. This includes phone calls, letters, and reporting the debt on your credit report. Doesnt say anything about e-mail. The collector cannot resume collection activity until it responds to your dispute.

One byproduct of the pandemic has been more debtors, and now collection agencies have new ways to track down the people who owe them money. So watch out who you connect with on Instagram or befriend on Facebook. It could be a debt collector contacting you through a direct message. Debt collection rules that went into effect have expanded the ways debt collectors can chase down debtors. In practice, it may mean millions of consumers can now be bombarded with email and text messages and requests to connect on their social media accounts.

[dragontears]

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@kittycreditmeow wrote:

I sent a debt validation letter to first premier bank, it was certified and in the letter I stated do not contact me by email or phone and to respond by letter in mail only. Well they went against that and sent me an email saying:

"We received your request for debt validation for your credit card account; however, the request does not satisfy the minimum requirements for a valid request. In addition per the Fair Debit Collection Practices Act (FDCPA) the term "debt collector does not include the original creditor; therefore, we are not required to obtain debt verification of the debt or provide verification to the consumer." 

Now they did continue on the next paragraph to mention that the account was opened via online application in my name and they stated my name which I know according to my research is sadly enough to be considered verification but I don't understand the first part. I'm not on the uppity up of laws so if someone wouldn't mind dumbing this down for me and is there anything else I can do at this point to get the account removed off my credit report? To me it sounds like they are refusing to provide validation but then provided it anyways to the minimum that is accepted. I sent out several debt validation letters and they were the first to respond so I guess I just want to be informed in case this lingo is used in the other letters. 

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Debt validation is for collection agencies not for the original lender and only requires that a CA sends validation IF it is sent within 30 days of the dunning notice (them telling you that they own the debt now) and they wish to continue to attempt to collect on the debt (if they decide not to continue to attempt to collect they don't have to send anything). Unless you are claiming that you never opened the card, there is no way to get it off your reports. 

Goodwill deletion would have been your best bet (still extremely small odds of success) but you may have burned the goodwill bridge by challenging the account. 

[dragontears]

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@FireMedic1 wrote:

Did you happen to send thee letter within 30 days? After receiving your dispute, the collector must stop attempts to collect the debt from you. This includes phone calls, letters, and reporting the debt on your credit report. Doesnt say anything about e-mail. The collector cannot resume collection activity until it responds to your dispute.

One byproduct of the pandemic has been more debtors, and now collection agencies have new ways to track down the people who owe them money. So watch out who you connect with on Instagram or befriend on Facebook. It could be a debt collector contacting you through a direct message. Debt collection rules that went into effect have expanded the ways debt collectors can chase down debtors. In practice, it may mean millions of consumers can now be bombarded with email and text messages and requests to connect on their social media accounts.

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@FireMedic1 the debt is still with the OC.

[kittycreditmeow]

@FireMedic1 

It was within 30 days of the last collection before charging off. They sent a letter saying I had until 1/26 to make a small payment or it would be charged off. I sent a debt verification letter on the 22nd and they received it on the 26th but might not have read it that day. I'm not sure. The account was closed and charged off on the 27th. They responded to my debt validation by email today. 

[kittycreditmeow]

@dragontears 

Ok, I did not know that. I was actually under the impression that it had to be sent to the original creditor. My next attempt was to send a notice of fraud and that the account was opened fraudulently but it's a bit challenging with first premier because I had two accounts with them and one is in good standing while the this one was charged off which is the one I sent the debt validation letter for. The thing is that I wouldn't mind paying it and settling it except that they don't do PFD so it would only mark it as settled and paid. I'm trying my luck with just trying to get it removed first and if that doesn't work then I'll have no choice but to pay it and just let it age off. Also it's kind of hard claiming fraud with First Premier since I have a second account with them in good standing that stemmed from the first account so that would be awkward but at the time not completely impossible. 

[dragontears]

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@kittycreditmeow wrote:

@dragontears 

Ok, I did not know that. I was actually under the impression that it had to be sent to the original creditor. My next attempt was to send a notice of fraud and that the account was opened fraudulently but it's a bit challenging with first premier because I had two accounts with them and one is in good standing while the this one was charged off which is the one I sent the debt validation letter for. The thing is that I wouldn't mind paying it and settling it except that they don't do PFD so it would only mark it as settled and paid. I'm trying my luck with just trying to get it removed first and if that doesn't work then I'll have no choice but to pay it and just let it age off. Also it's kind of hard claiming fraud with First Premier since I have a second account with them in good standing that stemmed from the first account so that would be awkward but at the time not completely impossible. 

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Did you actually open and use this account? You can not claim a fraudulent account if you ever made a payment. 

[FireMedic1]

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@dragontears wrote:

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@FireMedic1 wrote:

Did you happen to send thee letter within 30 days? After receiving your dispute, the collector must stop attempts to collect the debt from you. This includes phone calls, letters, and reporting the debt on your credit report. Doesnt say anything about e-mail. The collector cannot resume collection activity until it responds to your dispute.

One byproduct of the pandemic has been more debtors, and now collection agencies have new ways to track down the people who owe them money. So watch out who you connect with on Instagram or befriend on Facebook. It could be a debt collector contacting you through a direct message. Debt collection rules that went into effect have expanded the ways debt collectors can chase down debtors. In practice, it may mean millions of consumers can now be bombarded with email and text messages and requests to connect on their social media accounts.

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@FireMedic1 the debt is still with the OC.

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Huh? FP has internal collections? Since when? Sounds more like a past due account before it went to collections.

[dragontears]

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@FireMedic1 wrote:

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@dragontears wrote:

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@FireMedic1 wrote:

Did you happen to send thee letter within 30 days? After receiving your dispute, the collector must stop attempts to collect the debt from you. This includes phone calls, letters, and reporting the debt on your credit report. Doesnt say anything about e-mail. The collector cannot resume collection activity until it responds to your dispute.

One byproduct of the pandemic has been more debtors, and now collection agencies have new ways to track down the people who owe them money. So watch out who you connect with on Instagram or befriend on Facebook. It could be a debt collector contacting you through a direct message. Debt collection rules that went into effect have expanded the ways debt collectors can chase down debtors. In practice, it may mean millions of consumers can now be bombarded with email and text messages and requests to connect on their social media accounts.

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@FireMedic1 the debt is still with the OC.

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Huh? FP has internal collections? Since when? Sounds more like a past due account before it went to collections.

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@FireMedic1 it looks to me it is not even in collections, a previous post stated that it was charged off less than a week ago on 1/27

[FireMedic1]

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@dragontears wrote:

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@FireMedic1 wrote:

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@dragontears wrote:

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@FireMedic1 wrote:

Did you happen to send thee letter within 30 days? After receiving your dispute, the collector must stop attempts to collect the debt from you. This includes phone calls, letters, and reporting the debt on your credit report. Doesnt say anything about e-mail. The collector cannot resume collection activity until it responds to your dispute.

One byproduct of the pandemic has been more debtors, and now collection agencies have new ways to track down the people who owe them money. So watch out who you connect with on Instagram or befriend on Facebook. It could be a debt collector contacting you through a direct message. Debt collection rules that went into effect have expanded the ways debt collectors can chase down debtors. In practice, it may mean millions of consumers can now be bombarded with email and text messages and requests to connect on their social media accounts.

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@FireMedic1 the debt is still with the OC.

---

Huh? FP has internal collections? Since when? Sounds more like a past due account before it went to collections.

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@FireMedic1 it looks to me it is not even in collections, a previous post stated that it was charged off less than a week ago on 1/27

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@dragontearsYeah I was under the impression a collections by all the collection talk in the opening post. But its last attempt to pay before it did go to collections. One sentence threw me off. Good catch.