How do you do a debt validation?

[optimistic1]

Ok, so it appears as though some OC's have been sold to CA's already after 4-5 months. Not sure which ones yet, probably Crap1 and Citibankrupt.

Anyway,

I am going to file a Chapter 13 in August/September, and have already retained an attorney.

Question is, should I even bother DV'ing the CA's? Or just give them the attorneys name and phone #?

If I should DV them, how do I do this? Over the phone? In writing?

Any help much appreciated, and as always, thank you in advance!

[CompTweaker]

I would request validation.....it is your right to do this. And you do it in writing.

There are many example letters on the net. Heres one I had saved in a folder that doesnt contain a long list of things for them to send, nor does it use language that may have them mark your file for special attention. It just gets to the point of asking for validation:

http://www.edcombs.com/CM/Actions/Fair-Debt-Collection.asp

you can also read more about validation here:

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

good luck

[ready2puke]

I'd like to know (even it is our right), what does it actually do...Unless its really not you debt, I guess I dont undersand the why behind this...thanks for any info..
I also realize that if your close to a judgement it may put it off a while...any other reasons?

[optimistic1]

I'd like to know (even it is our right), what does it actually do...Unless its really not you debt, I guess I dont undersand the why behind this...thanks for any info..
I also realize that if your close to a judgement it may put it off a while...any other reasons?

I concur, I dont really know why it should be done, but if it does hold off a judgement for a while, then I will want to do so.

[CompTweaker]

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

As it says near the top of that link.
"Because they may not even be legally entitled to collect the debt from you"....the keyword here is "legally"

Remember, anybody can sue anyone for anything. Just ask bb2u, he's bragged about winning lawsuits where hes sued for around 3/4 of a million dollars. So just because someone says you owe and they have the right to collect it doesnt mean you should just give in. Ask for PROOF YOU OWE them. The debt validation is just that. I dont really know exactly what "ALL" they have to send you, but you have pretty much put the brakes on them bringing a lawsuit against you until they validate the debt. If they do sue you (unless its the OC), then they have violated the FDCPA.

(I hear bb licking his chops with anticipation after writing this, lol)

[HHM]

You have the right to request a DV upon receipt of any dunning letter (i.e. notice of funds owed) or other contact from a collection agency.

When you send a DV, 2 things are "supposed" to happen

1. The collection agency is supposed to stop collection activity until they send validation.
2. However, realize, to comply with FDCPA, validation only requires 2 pieces of information. (A) the name of the original creditor, and (B) the amount owed.
3. And, once the Collection Agency feels they have complied with the DV, they start collection right back up again.

All this garbage you read about having the legal right to collect, blah blah blah has absolutely no bearing until you are actually sued.

[optimistic1]

So, keeping in mind that I WILL be filing in August/Sept., should I even bother?

[HHM]

Yes, send the DV.

[CompTweaker]

CT just link to the page you are trying to quote from it lays out the DV process.

http://www.creditinfocenter.com/rebu...lidation.shtml

no need for anyone to click that link.....you just explained it VERY well. And Im in complete agreement that most sample internet DV's are asking for too much and, I'd like to add that some of them use threatening language that is way overboard....yes, you will look like you do not know what you are doing.

[CompTweaker]

You have the right to request a DV upon receipt of any dunning letter (i.e. notice of funds owed) or other contact from a collection agency.

When you send a DV, 2 things are supposed to happen

1. The collection agency is supposed to stop collection activity until they send validation.
2. However, realize, to comply with FDCPA, validation only requires 2 pieces of information. (A) the name of the original creditor, and (B) the amount owed.
3. And, once the Collection Agency feels they have complied with the DV, they start collection right back up again.

All this garbage you read about having the legal right to collect, blah blah blah has absolutely no bearing until you are actually sued.

Ok, Im confused. If "legal right to collect has no bearing until you are actually sued" is true, then why are there steps in place such as the dunning letter along with the consumer's right to request validation, based upon that dunning letter? Isnt that one of the purposes of the debt validation? To know that you are dealing with the person who has proof you owe an amount of money and that they are entitled to collect it from you?

Not trying to argue , just making sure Im not misunderstanding something.

[HHM]

Could not have explained it better myself, thank you BigBoy.

[CompTweaker]

Its point was to help protect consumers from collection agencies. The FDCPA is not used to determine liability but to give the consumer a way to ensure that the collection process is done in a consistent manner.

Bingo! Well said.

[optimistic1]

Can someone post a sample DV letter with the general info I should have on it?

[CompTweaker]

Debt collectors name
Debt collectors address
[We suggest you fax or send by certified or
overnight mail so that you have a record
of RECEIPT by the debt collector]

Re: [account number]
Ladies/ Gentlemen:

Please be advised that we dispute the claimed debt(s) described above.

Please provide any contract or agreement we signed and an account history showing how you arrived at the conclusion that we owe the amounts claimed and when this alleged debt(s) was charged off.

Furthermore, you are hereby requested, as required by the Uniform Commercial Code, to provide copies of assignments and other documents showing that you or your principal is in fact the assignee of the debt(s) described above and that you are legally authorized to attempt to collect the claimed debt(s) from us.

Unless and until such proof is furnished, we do not recognize any right on your part to attempt to collect any amount from us through any means whatever, including credit reporting. We refuse to pay any debt which has not been substantiated in the manner we request and direct you to cease further communications unless and until you can provide such substantiation.

Thank you.

Sincerely,
[sign]


source: http://www.edcombs.com/CM/Actions/Fa...Collection.asp

Feel free to tailor it according to your situation.....some of it may or may not apply, plus you may want to add your own words.

[optimistic1]

Ok, that seems to work, I will have to wait until they call back again to get their information. Thanks