Debt Validation

[Anonymous]

I contact my collection agency by phone and notified them I had sent a certfied letter requesting verfication and the said I need to inlude a self address envelope for them to reply. I live in Ohio, is this the law or a tactic?

[admin]

It's total BS. There is nothing in the FDCPA which says you have to do this. They must still send you your validation.

[Anonymous]

:) I thought the self addressed envelope routine was a ploy!! What do I do next, if they do not send the proof of debt. Maybe they will slip up and I can sue them!!

Your site is great - I'll spread the word! :upsidown:

[admin]

All of the steps are right here:

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

Read them over, and if you have any questions, then post it! :)

Thanks for the compliment.

[Anonymous]

:confused:
I have a question on this topic. I've done all the leg work for validation of a collection agency who does not own this old debt that they are trying to collect. I sent several valadation letters and received no response. I then contacted the BIGGER 3 Attorney General, FTC, BBB. It was then they realized I was pissed. The funny thing is they sent me a letter saying they no longer own the debt and have since sold it to another company and if I had a problem with the way the bureaus were reporting it I should contact them. I sent all my REGISTERED correspondence including FTC, AG, BBB, and their response to the listing bureaus and they simply sent out a verification to the collector. A month later I receive my updated credit report and to my surprise it was marked as verified and wasn't going to be removed from my records. I then called the Bureau and they gave me some hog wash about "They only report what they receive from the creditors and they've done what they were suppose to do." So where from here. I know for fact they don't own or have the debt. Do I have to sue them to get it removed?

Thanks in advance

[admin]

Geno3,

A collection agency has no right to post a debt if they have not validated it. You can sue the collection agency and the credit bureau.

Here is a link to the FTC staff opinion letter which spells this out:

http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

I would send a copy of this letter to the credit bureau and the collection agency and threaten a lawsuit if they don't snap to it!

[Anonymous]

Hello,
Just downloaded your information on the Poor Mans Court. It is good information. I have just a couple of questions.

#1
I?m unclear on a couple points. I received collection notice for something that I have disputed from day 1. I asked for validation and they didn?t respond. Once I threatened to sue they mailed (regular mail) me the bill which had the original creditor, and amount. I then requested again that they send something with my signature on it since I did not owe the collection company a dime and all they sent me was a rental application with my signature on it along with the bill (Registered Mail). The situation is they are trying to collect for damages to an outdoor AC compressor. They are saying my dog destroyed it and that wasn?t the case. I wouldn?t mind going to court because they would lose. Bottom line is they feel that the account was validated.

So as I looked at section 809 it looks as if a bill and whom they are collecting for holds water. Am I missing something here? Now with the FTC opinion letter I have backing me stating ?a collection agency for a medical provider will fulfill the requirements of that Section if it produces "an itemized statement of services rendered to a patient on its own computer from information provided by the medical institution . . .? A bill and no basis holds no water. They need to remove it from my credit report because that is collection activity as supported by FDPCA and FCRA.

What is your opinion? I?m sure I?ll just need to sue.

#2
I also have a situation where the collection company sends me a letter stating that they have since sold the account and if I had a problem as to how it is being reported to contact the bureaus directly. I did that and they sent me back my updated report as verified no change. So they are telling me one thing and doing another. I have already filled 2 complaints with the BBB. The first one was the one that woke them up all of a sudden and this second time was to inform the BBB that they are liars and the only settlement I?d entertain is removal from all Public and Private records. I stated the next communication with this company would be one of legal action. My question is, is the bureau liable for allowing the record to remain verified when they clearly, I have the letter? don?t own it?

Thanks
:cool:

[Anonymous]

One Last thing. I called my local court and they said that I could only file Small Claims against a defendant when either they live in the local jurisdiction or the transaction occurred within the jurisdiction. Well of course the company is located elsewhere, now how do you define transaction they didn?t provide help. The collection company initiated their collection activities by delivering my collection notice. Is that a transaction within the jurisdiction or will I have to find a court where they are and then how does it work.. Can't fly to VA for a Small Claims court issue.

Also, I can't find a link for "paper servers? if you know of any please pass along.

Thanks
:)

[admin]

Geno3,

#1. So you rented an air compressor and returned it? They are saying that you (or your dog) damaged it and that's what they are saying you owe them? Do you have proof that you returned it? Like a receipt? If you do, you are home free. Yes, they would have to prove that you either a) never returned it or b) that the property was destroyed when you returned it. Yes, they are sending you the bill, BUT they still haven't proved to you that you owe them the debt. All it is is a rental app. You may have to go to court on this one. It is not the "usual" collection situation.

#2 Did you go debt validation on the collection agency who sold the bill? If you did, they should remove it (although reporting them to the BBB is an often powerful weapon). You could threaten the collection agency as well for reporting it. This should get it removed.

Is the credit bureau liable? No, you haven't provided the paperwork (the full debt validation route to prove that the debt is unverifiable.) What the first collection agency is telling you is baloney, they need to stop reporting this collection to the credit bureau. But before you sue, you need to do a debt validation on them.

Glad you like the eBook!



[Edit by admin on Wednesday, May 15, 2002 @ 09:35 AM]

[Anonymous]

************************************************** ***************
#1. So you rented an air compressor and returned it? They are saying that you (or your dog) damaged it and that's what they are saying you owe them? Do you have proof that you returned it? Like a receipt? If you do, you are home free. Yes, they would have to prove that you either a) never returned it or b) that the property was destroyed when you returned it. Yes, they are sending you the bill, BUT they still haven't proved to you that you owe them the debt. All it is is a rental app. You may have to go to court on this one. It is not the "usual" collection situation.
************************************************** ***************

No. It was a Central Air Unit that is attached to the Town Home. My dog did not do it because we never left him outside. They had all sorts of animals running behind or apartment. We lived along a tree line and every animal would try and mark their spot simply because we had a dog. The neighbor had 3 dogs when we could only have one and they let them run free at night. I can get affidavits from other tenants too. Your right I?m sure I?ll have to go to court.

************************************************** ***************
#2 Did you go debt validation on the collection agency who sold the bill? If you did, they should remove it (although reporting them to the BBB is an often powerful weapon). You could threaten the collection agency as well for reporting it. This should get it removed.
Is the credit bureau liable? No, you haven't provided the paperwork (the full debt validation route to prove that the debt is unverifiable.) What the first collection agency is telling you is baloney, they need to stop reporting this collection to the credit bureau. But before you sue, you need to do a debt validation on them.
************************************************** ***************

I did validation with everyone registered mail and gave several opportunities to resolve the issue. They have refused to remove the collection account from my report. I sent all of my letters and explanations to the CB?s and they merely stamped verified-consumer disputed. This was the reason for my question against the CB?s liability.

Also, what about suing in my previous post..
Thanks a bunch.



[Edit by Geno3 on Wednesday, May 15, 2002 @ 10:27 AM]

[admin]

I would definitely sue on both cases.

They would have to really prove your case in the first one. Get your neighbors to give you sworn statements. What this is is a letter from your neighbor's which has a notary seal on the letter. It's as good as if your neighbors were standing here there in court.

On the second one, sue, and hopefully you can get the collection agency to remove the listing from your credit report. Most likely they will settle with you before you go to court.



[Edit by admin on Wednesday, May 15, 2002 @ 12:56 PM]