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Debt validation letter Process Help

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codehavoc
Regular Contributor

Debt validation letter Process Help

Hello I have 2 accounts in collections and I read up on a debt validation letter sample to try to get them off my report. I just would like to know the process and when should I dispute the dept on my report. The accounts are about 4-5 years old and Im thinking that the collection agency don't have all they info that they need to collect so I want to try this debt validation letter out.. Any help will be appreciated.




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Message 1 of 13
12 REPLIES 12
tomfromrictmame
Frequent Contributor

Re: Debt validation letter Process Help

Are the 2 accounts appearing on your CR's?  Is the CA actively collecting?  What is your state's SOL?




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Message 2 of 13
codehavoc
Regular Contributor

Re: Debt validation letter Process Help

yes they are reporting on all 3 CRs and i dont undersand what u mean by activly collecting. and im in the stake of NC right now




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Message 3 of 13
tomfromrictmame
Frequent Contributor

Re: Debt validation letter Process Help


@codehavoc wrote:

yes they are reporting on all 3 CRs and i dont undersand what u mean by activly collecting. and im in the stake of NC right now


Have the OC's been contacting you about paying?  The reason for the questions is it's possible to open a can of worms.  Having said that, the DV compels the OC to validate the debt.  The DV should be short and sweet (see sticky atop this Forum).  The DV means they must stop collection activities (that's why I asked if they were actively collecting), but does not compel then to respond to your DV.  So if they validate, then they can either start or continue collection activities.

 

You can check your state's SOL.  




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Message 4 of 13
codehavoc
Regular Contributor

Re: Debt validation letter Process Help

one have contacted me by email. the other have not tried to yet but i seen them on my reports




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Message 5 of 13
codehavoc
Regular Contributor

Re: Debt validation letter Process Help

and NC is 3 years




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Message 6 of 13
Anonymous
Not applicable

Re: Debt validation letter Process Help

A DV doesn't go to the OC so the OC isn't compelled to validate anything.

 

A DV goes to the CA who can go to the OC for documents to be sent to you.  However, the only thing the CA is required to provide is who is collecting and how much.  If you ask for the name and address of the OC and an itemization of the debt, they must provide that also.  They are under no timeframe to respond to a DV if they respond at all.

 

The only thing they are required to do is cease collections activity until they do respond, providing the DV was timely.

 

Laws are different for CAs vs OCs.  An OC can contact you whenever they want and do not follow the FDCPA like a CA does.

Message 7 of 13
tomfromrictmame
Frequent Contributor

Re: Debt validation letter Process Help


@Anonymous wrote:

A DV doesn't go to the OC so the OC isn't compelled to validate anything.

 

A DV goes to the CA who can go to the OC for documents to be sent to you.  However, the only thing the CA is required to provide is who is collecting and how much.  If you ask for the name and address of the OC and an itemization of the debt, they must provide that also.  They are under no timeframe to respond to a DV if they respond at all.

 

The only thing they are required to do is cease collections activity until they do respond, providing the DV was timely.

 

Laws are different for CAs vs OCs.  An OC can contact you whenever they want and do not follow the FDCPA like a CA does.


Yes, absolutely.  I thought CA and typed OC.  

 

OP: I apologize if I caused you any confusion.




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Message 8 of 13
codehavoc
Regular Contributor

Re: Debt validation letter Process Help

OK but my credit report has the CA's on it not the OC and also the OC is an old apartment complex that's has new ownership, and the 2nd is bank of America and from 2009 and 2010 more the 3 years old. So what should I do if its past my SOL for the state of NC. If there is a way I can get it off my report with out paying , I would take any advice




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Message 9 of 13
Anonymous
Not applicable

Re: Debt validation letter Process Help

No, probably not.  And if it is your debt advocating ways not to pay it would be a violation of the TOS of the forums.

Message 10 of 13
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