Simple question

[Anonymous]

I have a debt showing on my credit report for 67 dollars. It was posted by asset acceptance. I have no clue where this debt came from, I sent a request for valitdation . I used a template I found on the internet.

I asked for complete payment history and Agreement that bears my signature wherein I agreed to pay as  established via Spears v Brennan

What I got was a computer generated letter from them for which it appears they made the letter. It was clearly made by them , not the creditor that they say I owe. It even has their letter head on it. No payment history, No signature , Only a statement for which they clearly created themselfs.

I know this can not be considered valitdation. It appears they are creating paper work themselfs and trying to pass it off on me as valitdation.

They cant create a piece of paper themselfs and call it validation, can they ?

What should I do?

Should I contact the credit Bureau and tell them that they wouldnt valitdate the debt ? I am sure if they are bold enough to send me this and call it valitdation , that they will for sure respond the the credit bureau and say it is good.

If they do respond to the credit bureau and say the debt is good , isnt that collection activity without valitdation? (surely a piece of paper they created can not be considered valitdation)

Should I contact both the credit bureau and the collectin agency?

What should I say to them ?

Any help , please

Tom

[Schoolbuskid]

To my understanding they should provide you something with the OC's letterhead! I dont think they properly validated!

[llecs]

The Spears v Brennan comment in the DV letters here in this forum are misleading. The FDCPA is clear that the name of the OC, contact info, balance due, and judgment copy are the only things required of a CA. The Spears case reaffirmed that. In Spears, the CA sent a poorly worded dunning letter. Spears sent a DV asking for verification and Brennan immediately filed in small claims. All of this happened within 30 days. Spears didn't show up and a default judgment was placed against Spears. Of course it was appealed which gave us this case.

The court ruled that the judgment was improper due to several reasons. One of those had to do with info. Because there was a pending judgment, Spears asked for in his DV a copy of the judgment leading to the fees, charges, interest, etc. on the loan. Brennan contended that he sent an accounting of all of this with his initial dunning letter, which was never proven. The court never ruled whether or not that (Brennan's accounting) was appropriate or adequate, but scolded small claims for allowing the summary judgment without considering this information in the first place. It was a procedural issue rather than a court's interpretation of the FDCPA.

http://www.state.in.us/judiciary/opinions/archive/03260101.ewn.html   (under pt.4 next to conclusion)

.........

IMO, if they provided a balance and OC info, then they followed the FDCPA.

Couple routes you can take....

1) file a police report. DV again and include a copy of that report and wait 30 or so days and then dispute via mail CMRRR to each CRA including a copy of the police report. That would likely kill it.

2) If no police report, send a second DV to them and immediately challenge it via the BBB, FTC, yours and theirs state AG, etc. Also, check with your state. Some states require more info in a DV. MA, for example, requires a complete accounting of a debt.

[Anonymous]

So, Anyone can report anything to someones credit report without have proof? What they sent me is nothing more then something that they created themselfs. The only thing it proves is that they state I owe the debt and that they can use a computer.

If you cant prove it in a court , then you just report it to a credit report cause the red tape is so much that it is easier and cheaper to just pay it, rather you owe it or not?

So if when the judge in "Spears v Brennan" states their was no accounting he wasnt stating that accounting is needed for valitdation?

I would look into a lawyer to sue them for marking it on my credit report but I am not even sure where this debt came from.

I would think that the collection agency would have to be able to provide some type of proof that you owe the debt before they mark you credit report (other than something they create, anyone can do that)

[Anonymous]

FDCPA states they must provide:

..........."the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and........."

.........."the debt collector shall cease collection of the debt,or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment,or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector......................."

Different courts have ruled on what is/isn't considered proper validation and what is/isn't collecting activities.

[Anonymous]

So this means that they can not just create a bill and say you owe us and that is your valitdation. They must get it from the OC ?

I would love to see some of these rulings if you could point me in the right direction

Thanks

Tom

P.S.  They got me aggravated but I am determined I am not going to pay it until I know that I owe it. Even though it is only 67 dollars