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debt validation letter for account you know nothing about and doesn't appear on credit report

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Contributor

debt validation letter for account you know nothing about and doesn't appear on credit report

I received a letter yesterday from Alpha recovery services, claiming I owe around 8K for an account with webbank which was then sold to Oliphant Financial LLC. I have never had an account with webbank, and have never heard of Oliphant Financial LLC. They have also been calling for a few days using a fake local number, but aren't local. Is there anything I need to include in my debt validation letter when asking for information about a debt I don't believe is mine, and doesn't appear on my credit report? Also, everything I keep reading online says it is best to just ignore such letters, but everything I read on the forums says not to ignore these letters. This is the letter I have drafted. Is this okay? Thanks!

 

(my info plus the creditors info)

 

This letter is sent in response to letter received by you on 10/29/2018. I am disputing the above-referenced account and request validation of this debt as per my rights under the FDCPA. I have never held an account with webbank or Oliphant Financial Services and see no reference of either of these on my credit report.

 

Sincerly, 

my name

 

Anything you would add or leave out? Thanks!

Message 1 of 17
16 REPLIES 16
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Valued Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report


@thegrapelady wrote:

I received a letter yesterday from Alpha recovery services, claiming I owe around 8K for an account with webbank which was then sold to Oliphant Financial LLC. I have never had an account with webbank, and have never heard of Oliphant Financial LLC. They have also been calling for a few days using a fake local number, but aren't local. Is there anything I need to include in my debt validation letter when asking for information about a debt I don't believe is mine, and doesn't appear on my credit report? Also, everything I keep reading online says it is best to just ignore such letters, but everything I read on the forums says not to ignore these letters. This is the letter I have drafted. Is this okay? Thanks!

 

(my info plus the creditors info)

 

This letter is sent in response to letter received by you on 10/29/2018. I am disputing the above-referenced account and request validation of this debt as per my rights under the FDCPA. I have never held an account with webbank or Oliphant Financial Services and see no reference of either of these on my credit report.

 

Sincerly, 

my name

 

Anything you would add or leave out? Thanks!


I prefer this DV letter:

 

Date

Your Name
Address
City, State Zip

 

Via Certified Mail: #### #### #### #### ####
Debt Collector’s Name
Address
City, State Zip
Re: Account Number

This letter is sent in response to [a letter/phone call] received from you on [date you received the letter/call]. I am requesting that you provide validation of this debt.

If you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.

Sincerely,

Your Name

 

Be sure to send it by certified mail. Remember, when you send a mail piece by certified mail without the return receipt, you still have proof that it was delivered. The tracking number will produce a delivery confirmation, a signature will be collected, and the signature will be accessible to you for an additional fee if needed.

















Your FICO credit scores are not just numbers, it’s a skill.

Message 2 of 17
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Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report

That was actually the one I started with but then I worried it might really make them mad. The whole thing just seems so weird. They didn't even send the letter to me certified. Thanks!

Message 3 of 17
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Frequent Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report


@Medic981 wrote:

@thegrapelady wrote:

I received a letter yesterday from Alpha recovery services, claiming I owe around 8K for an account with webbank which was then sold to Oliphant Financial LLC. I have never had an account with webbank, and have never heard of Oliphant Financial LLC. They have also been calling for a few days using a fake local number, but aren't local. Is there anything I need to include in my debt validation letter when asking for information about a debt I don't believe is mine, and doesn't appear on my credit report? Also, everything I keep reading online says it is best to just ignore such letters, but everything I read on the forums says not to ignore these letters. This is the letter I have drafted. Is this okay? Thanks!

 

(my info plus the creditors info)

 

This letter is sent in response to letter received by you on 10/29/2018. I am disputing the above-referenced account and request validation of this debt as per my rights under the FDCPA. I have never held an account with webbank or Oliphant Financial Services and see no reference of either of these on my credit report.

 

Sincerly, 

my name

 

Anything you would add or leave out? Thanks!


I prefer this DV letter:

 

Date

Your Name
Address
City, State Zip

 

Via Certified Mail: #### #### #### #### ####
Debt Collector’s Name
Address
City, State Zip
Re: Account Number

This letter is sent in response to [a letter/phone call] received from you on [date you received the letter/call]. I am requesting that you provide validation of this debt.

If you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.

Sincerely,

Your Name

 

Be sure to send it by certified mail. Remember, when you send a mail piece by certified mail without the return receipt, you still have proof that it was delivered. The tracking number will produce a delivery confirmation, a signature will be collected, and the signature will be accessible to you for an additional fee if needed.


What civil and criminal claims can be pursued if they don’t validate?

Message 4 of 17
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Valued Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report

You can't make bottom dwelling scum suckers mad. You send it Certified Mail so you can prove you sent the DV letter. And now the ball is in their court. I would also add, come to think of it, a cease and desist of all phone calls paragraph in the letter and state that any and all communication must be by U.S. mail.
















Your FICO credit scores are not just numbers, it’s a skill.

Message 5 of 17
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Frequent Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report


@Medic981 wrote:
You can't make bottom dwelling scum suckers mad. You send it Certified Mail so you can prove you sent the DV letter. And now the ball is in their court. I would also add, come to think of it, a cease and desist of all phone calls paragraph in the letter and state that any and all communication must be by U.S. mail.

What civil and criminal claims can be pursued if they don’t validate?

Message 6 of 17
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Valued Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report


@vntrsc wrote:


What civil and criminal claims can be pursued if they don’t validate?


Once a CA gets the DV letter they MUST cease all collection efforts until they can validate the debt. If there is a derogatory collection account on your CR it must be removed. As long as the delinquent account remains unverified the CA must act as if it does not exist. Now if the CA can show that it is, in fact, your account whether it is a week later or a year later that you owe money they can pursue it in court until it is time-barred by the SOL. 

 

If the CA does not cease collection efforts then they can be held accountable under the FCRA by the FTC and State Attorney Generals Office and be prosecuted criminally and you can seek damages against the CA in civil court.

















Your FICO credit scores are not just numbers, it’s a skill.

Message 7 of 17
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Frequent Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report

Yes, they must cease all collection efforts until the debt is validated.  Your letter was not clear about that fact.  

 

Neither the FDCPA nor the FCRA states that a degratory collection account must be removed on the basis of an FDCPA validation request.   However, it should not be updated until validation has been accomplished.  

Message 8 of 17
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Valued Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report


@vntrsc wrote:

Yes, they must cease all collection efforts until the validate.   Your letter was not clear about that fact.  

 

Neither the FDCPA nor the FCRA states that a degratory collection account must be removed on the basis of an FDCPA validation request.   However, it should not be updated until validation has been accomplished.  


A legitimate CA knows that they have to stop collections efforts, that does not need to be expressed in a DV letter. I believe it is implied that the derogatory must be removed from the CR for a collection account is a coercive means to collect a debt as it makes it harder for a consumer to obtain credit as it adversely affects the consumer's credit rating. 

















Your FICO credit scores are not just numbers, it’s a skill.

Message 9 of 17
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Frequent Contributor

Re: debt validation letter for account you know nothing about and doesn't appear on credit report

While it may make it more difficult for a consumer to obtain credit, the fact remains that the law does not require the debt collector delete the item after receiving a timely FDCPA validation request.

 

The only time deletion is required is when a consumer properly disputes incorrect information listed on his credit report directly with credit reporting agencies and the furnisher does not verify or correct the incorrect information within the required period of time.  Even then, only the disputed information will be deleted.  

 

A consumer can dispute incorrect information directly with the furnisher, but he will not have a private right of action should the furnisher fail to correct or delete the incorrect information.   Only after disputing with the CRAs does he have that private right of action. 

 

As an added note, failure to cease collection violates the FDCPA, not the FCRA.  

Message 10 of 17
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