Validation question

[Anonymous]

I wrote Palisades and asked for validation and I recieved a response today.

It reads

"We have recieved your corresponence requesting validation of your debt. While we investigate your claim, we have placed this account in a disputed status and all collection activity on your account has ceased. Meanwhile, the account information that we have on file is as follows:

Orignal Creditor   : Aquila

Previous Creditor: WPS Resources Corporation

Current Creditor : Palidases

Current Balance : xxxxx

SSN :  xxxx (shows last 4 digits)

Debtor # xxxxx

Charge off date 7/27/2003

Open date 2/27/1991

Additional information : Aquila

Please contact us if this information is incorrect or with any question or corrections

very truly yours

Palisades

The rest is all legal stuff , like, this is a attempt to collect a debt, so forth and so on , etc, etc.

My questions

What should I do next ?

One part they state all collection activity has stopped and in the next line they list what might be validation

And then tell me that I should contact them if the info is incorrect

Did they validate?

Did they delete?

If I dont contact them to they continue to try to collect?

What is the deal?

So do I just sit and wait for them to investigate and hope they respond to me?

This is the letter , word for word , Except for the legal stuff

I am not sure what it means and what I should do next

Any help?

Seems like they are playing it 2 different ways

Message Edited by tom1468m on 07-28-2008 03:59 PM

Message Edited by tom1468m on 07-28-2008 04:08 PM

[Anonymous]

You need to write them back and ask for a full media validation..that's if it doesn't look familiar. You can search on her for some samples.

[Anonymous]

Well I asked for that the first time and got this. Seems to me from reading their response they are playing 2 different ways but I am not sure

[Anonymous]

Orignal Creditor   : Aquila

Previous Creditor: WPS Resources Corporation

                Who is this and what kind of account?

Our DV letter ask for more then what is required to validate.

All they need to say is  name of OC  address and amount owed!

If suid they will need to answer almost every thing on the DV letter.

They did NOT validate with this letter.

Send the 2nd DV  CMRRR

read & make all corrections needed

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.

Thank You,

TYPE NAME

[Anonymous]

Ok, so a second dv letter is what is required.

Next question is:

If they were to sue they would need everything contained within our dv letter. Since they clearly dont have that , isnt that "NOT" accurately markingyour credit report and couldnt you sue them for that?

Seems like a big risk for a ca

[Anonymous]

bump