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I have recently sent debt validation letters to 2 companies. The one I know has the right to collect the debt the other one is collecting for a junk buyer. If they come back with validation what should It include and what should I look for? Do they need my signature on something?

Thanks




Here is what I request for validation:
What do I need you to provide as the debt validation.
? What the money you say I owe is for;
? Explain and show me how you calculated what you say I owe;
? Provide me with copies of any papers that show I agreed to pay what you say I owe;
? Provide a verification or copy of any judgment if applicable;
? Identify the original creditor;
? Prove the Statute of Limitations has not expired on this account
? Show me that you are licensed to collect in my state
? Provide me with your license numbers and Registered Agent
? Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
? Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
? Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

Sub: #1 posted on Thu, 12/27/2007 - 07:34

JCEMT JCEMT
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(Posts: 2934 | Credits: 192)

Is that the format you send in your letter?

Sub: #2 posted on Thu, 12/27/2007 - 07:41

Unregistered


Yeah, the question marks are bullets.

Sub: #3 posted on Thu, 12/27/2007 - 07:42

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192)

I am new to this forum and appreciate your list of items to include in a request for validation. My experience with one collector is that they ignore the validation request. Are you familar with any guidelines that cover how long a collector has to respond to the request for validation?

Thanks!

Sub: #4 posted on Thu, 12/27/2007 - 12:01

Unregistered


somehow these collection agencies can post their items directly onto my credit reports, thus creating lower scores. My old debts are way beyond the SOL of 4 years (CA). They're going on 8 years now. I've waited for the maximum of 7 years, thinking that they would eventually disappear, but, alas, they haven't. I've written to each of the credit bureaus to contest these postings, but it appears that they (credit bureaus) are in cahoots with the collection people, since the items have not been removed and my scores are still down. Other than this credit fiasco I've experienced 8 years ago, working with a credit repair company called Briggs and Baker (I think that's the name), my credit is pretty stellar. Any suggestions on getting this credit info removed and my scores corrected?

Sub: #5 posted on Thu, 12/27/2007 - 14:12

Unregistered


If its been that long they should have fallen off. Most likely they have re aged the accounts to make them stick longer. Which is illegal and is per suable in civil action for $1,000 per violation plus punitive damages. If the credit reporting bureaus refuse to remove erroneous information they may be sued as well.

Sub: #6 posted on Thu, 12/27/2007 - 14:51

JCEMT JCEMT
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(Posts: 2934 | Credits: 192)

seems that the original debt has long ago been removed, but it also seems that the CA makes his once a month call to keep their collection alive. I saw in the credit report that there is a place for collection agencies to post, but, instead of calling themselves what they are, they seem to post as a valid creditor. Are they supposed to use the CA area or can they be considered a creditor?

Sub: #7 posted on Fri, 12/28/2007 - 12:22

Unregistered


If they file it as open instead of collection, or as a factoring company account. If they report it as being x days late. If they do not report correct dates. These are all possible violations of the Fair Credit Reporting Act and you can file suit for each violation for $1,000 per violation.

For example if they have filed with all 3 major credit reporting agencies, one entry each, and the violations consist of reporting as valid creditor and have re aged each account. Thats two violations per entry for a total of 6 violations. That would be $6,000 in statutory damages plus punitive damages and your attorney fees.

Sub: #8 posted on Fri, 12/28/2007 - 13:03

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192)

So what you're saying is send a debt validation letter to each of the collection agencies, and to each of the three credit bureaus, and wait for their response. If not removed, then go to a lawyer? Or let find an immediate lawyer and let him sort things out?

Sub: #9 posted on Wed, 01/02/2008 - 11:22

Unregistered


If they re aged the debt, they did it on purpose. I say take them to court and file complaints with the Federal Trade Commission, and their state's attorney general's office.

Sub: #10 posted on Wed, 01/02/2008 - 11:33

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192)

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