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Debt Validation - CA did not validate

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    Debt Validation - CA did not validate

    My $26,000 B of A mastercard (That I have not paid on since Feb 2009) was sent to these creeps at SUNRISE CREDIT SERVICES last month.

    They called a few times, real harassing and nasty. I sent them a DV letter cerified mail and Friday got in the mail from them copies of a few months of credit card statements and some sort of outdated credit report from 2002! Plus a letter saying "Your recent communication requestion VERIFICATION of the above debt has been handled. Please note the enclosed statement. We would appreciate your check or money order for the above amount due by return mail." Yeah right! I have had this credit card since 2002 when it was MBNA.

    My question is, this CA did not validate my debt and now they refuse to leave me alone.

    I need to respond and get these idiots off my back.

    Any advice would be greatly appreciated!
    Stopped paying c. cards February 2009
    Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
    Case went without a hitch!
    I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

    #2
    Send a CD (cease and desist). You can find an example of one in the stickys.
    Stopped Paying CC's 2/2009. Retained Attorney 1/10/2010 Filed 1/23/2010. Discharged 5/19/10 $187K CC, $240K 2nd,$417K 1st, No asset Ch-7

    Comment


      #3
      Actually, that is validation. I don't know how many times we have said this on this forum. The Collection Agency only needs to tell TWO things to comply with validation
      1. The name of the original creditor.
      2. The amount claimed to be owed.

      All that other crap that you see being requested on these so called "Standard DV Letters" that you can get on the internet is not required to comply.

      So, if they sent you some original statements that identify the original creditor and a letter stating how much is claimed owed, guess what, they validated. Thus, your next move is a C&D letter.

      Also, let's assume they didn't validate, what are you are prepared to do about?

      Comment


        #4
        Originally posted by HHM View Post
        Actually, that is validation. I don't know how many times we have said this on this forum. The Collection Agency only needs to tell TWO things to comply with validation
        1. The name of the original creditor.
        2. The amount claimed to be owed.

        All that other crap that you see being requested on these so called "Standard DV Letters" that you can get on the internet is not required to comply.

        So, if they sent you some original statements that identify the original creditor and a letter stating how much is claimed owed, guess what, they validated. Thus, your next move is a C&D letter.

        Also, let's assume they didn't validate, what are you are prepared to do about?
        WHAT AM I PREPARED TO DO ABOUT WHAT? What are you referring to? What am I prepared to do about paying it? Filing BK?
        Stopped paying c. cards February 2009
        Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
        Case went without a hitch!
        I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

        Comment


          #5
          Originally posted by calgirl67 View Post
          WHAT AM I PREPARED TO DO ABOUT WHAT?
          Meaning, if they did not validate, what are you gonna do next if they
          continue to call you.

          Short answer, nothing, you are delaying the process a bit at best.

          Long answer, you have a consumer rights attorney on retainer and you are recording all calls and getting evidence to sue them for FDCPA violations.


          Solution,

          If you want them off your back, next time a collection agencies hounds you, you can send them a combination DV and Cease and Desist letter.

          Experts such as Bigboy2u will disagree, and they are probably right, I feel an insult coming now.

          Most of the collection agencies I DV&CD'ed either replied with the request, and ALSO never called.

          Some took it as a cease and desist and never called or sent a validation.

          You can send the DV first, then if they answer it, and continue to call, then send your cease and desist letter, that will be the end of it.

          Comment


            #6
            Originally posted by calgirl67 View Post
            My $26,000 B of A mastercard (That I have not paid on since Feb 2009) was sent to these creeps at SUNRISE CREDIT SERVICES last month.

            They called a few times, real harassing and nasty. I sent them a DV letter cerified mail and Friday got in the mail from them copies of a few months of credit card statements and some sort of outdated credit report from 2002! Plus a letter saying "Your recent communication requestion VERIFICATION of the above debt has been handled. Please note the enclosed statement. We would appreciate your check or money order for the above amount due by return mail." Yeah right! I have had this credit card since 2002 when it was MBNA.

            My question is, this CA did not validate my debt and now they refuse to leave me alone.

            I need to respond and get these idiots off my back.

            Any advice would be greatly appreciated!


            A big question in regards to debt is validation of debt - and more specifically how they arrived to that amount.

            You might say I am a pencil pusher when it comes to debt and its validation. I expect a solid, sane answer but as others have said, what you received is validation enough (as far as collection agencies are concerned).

            Now I had a consumer relation with a dentist once. I asked for verification of the debt from the collection agency and what I got was about what you got. I turned around and demanded all the records. I got them. I did an audit and found I did not owe but was over charged!

            As far as I am concerned, every debtor has the right to see 'the records' and audit them.
            Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

            Comment


              #7
              Originally posted by BigJohn View Post
              A big question in regards to debt is validation of debt - and more specifically how they arrived to that amount.

              You might say I am a pencil pusher when it comes to debt and its validation. I expect a solid, sane answer but as others have said, what you received is validation enough (as far as collection agencies are concerned).

              Now I had a consumer relation with a dentist once. I asked for verification of the debt from the collection agency and what I got was about what you got. I turned around and demanded all the records. I got them. I did an audit and found I did not owe but was over charged!

              As far as I am concerned, every debtor has the right to see 'the records' and audit them.
              True enough, but we need to point out as far as the Fair Debt Collection Practices Act goes (and most state's equivalent), and the associated court decisions, validation merely means identifying the original creditor and the amount owed.

              Comment

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