Comments on: Still Waiting on Debt Validation from the Collection Agency http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/ personal finance tips, tricks, and commentary Sat, 21 Nov 2009 18:35:25 -0500 http://wordpress.org/?v=abc hourly 1 By: Don http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-123914 Don Thu, 11 Sep 2008 19:55:00 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-123914 Do yourself a big favor when the time comes to send your follow up letter. At the top of the letter in bold print write, Notice and letter of Default, then explain they are in default for not responding, and why they are in default. Make sure you go to your bank and have your signiture notorized, and don't forget the return receipt when mailing it to them. If they start any action against you after they receive this, enter copies of the letter into the court record and point to it during your pleadings. Once the judge sees they are in default they really have no choice but to find in your favor and the collection companies know this as well. You should have had the 30 day letter of notice and demand, requesting copies of all two party contacts (requesting the contracts is very important because they can not produce them), notorized as well, but to late for that one. Credit card applications or invititions are not two party contracts. This will also help you should you need to take action against them at a later date for breaking the law. I'm working on two companies now and will send out a default letter to one this week and the clock is ticking on the other. So far the mailings and calls have stopped, well except for the initial reaction of the collector, boy was she angry and threating, her mistake was to knowingly record it on my answering machine. Oh ya don't forget to mention in your letter of default that now they know they are in default and their claim is not valid, selling their bogus claim to another company is fraud upon that company. I am not a lawyer, this is not legal advice just simple conversation. I'll check back later and see how you made out and post any follow ups I may have. Good luck. Don Do yourself a big favor when the time comes to send your follow up letter. At the top of the letter in bold print write, Notice and letter of Default, then explain they are in default for not responding, and why they are in default. Make sure you go to your bank and have your signiture notorized, and don’t forget the return receipt when mailing it to them. If they start any action against you after they receive this, enter copies of the letter into the court record and point to it during your pleadings. Once the judge sees they are in default they really have no choice but to find in your favor and the collection companies know this as well.

You should have had the 30 day letter of notice and demand, requesting copies of all two party contacts (requesting the contracts is very important because they can not produce them), notorized as well, but to late for that one. Credit card applications or invititions are not two party contracts. This will also help you should you need to take action against them at a later date for breaking the law. I’m working on two companies now and will send out a default letter to one this week and the clock is ticking on the other. So far the mailings and calls have stopped, well except for the initial reaction of the collector, boy was she angry and threating, her mistake was to knowingly record it on my answering machine. Oh ya don’t forget to mention in your letter of default that now they know they are in default and their claim is not valid, selling their bogus claim to another company is fraud upon that company.

I am not a lawyer, this is not legal advice just simple conversation. I’ll check back later and see how you made out and post any follow ups I may have.

Good luck.

Don

]]> By: Fred http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-106633 Fred Wed, 07 Nov 2007 09:32:08 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-106633 Sinces you're out of free reports I would also urge you to demand some sort of proof from the collecting agency to show you that your credit record is clean. Goodluck, Fred Sinces you’re out of free reports I would also urge you to demand some sort of proof from the collecting agency to show you that your credit record is clean.

Goodluck,

Fred

]]> By: nickel http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-106196 nickel Tue, 06 Nov 2007 12:22:30 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-106196 FIP: Not borrowing money doesn't actually help in some cases... In this case, it was a medical bill that took forever to go through insurance (because of the provider's mistakes) which was then sent to collections too soon after they finally billed us... I'm guessing that some sort of automated system kicked in given the length of time since the service was provided even though they hadn't actually billed us. FIP: Not borrowing money doesn’t actually help in some cases… In this case, it was a medical bill that took forever to go through insurance (because of the provider’s mistakes) which was then sent to collections too soon after they finally billed us… I’m guessing that some sort of automated system kicked in given the length of time since the service was provided even though they hadn’t actually billed us.

]]> By: FinanceIsPersonal.com http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-106132 FinanceIsPersonal.com Tue, 06 Nov 2007 05:44:44 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-106132 I definitely don't envy you there. I've had to help a couple of friends deal with collectors...it's like pulling teeth to find intelligent life sometimes...maybe that's why I quit borrowing money. I definitely don’t envy you there. I’ve had to help a couple of friends deal with collectors…it’s like pulling teeth to find intelligent life sometimes…maybe that’s why I quit borrowing money.

]]> By: nickel http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-106049 nickel Mon, 05 Nov 2007 21:39:10 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-106049 Colin, there's nothing that I (or a lawyer) can legally do until they fail to adhere to the FDCPA. If they break the rules, then I'll go after them. But until then I'm not going to get worked up about it. Assuming that the collection agency does something wrong, then I will absolutely go to the state Attorney General, sue if necessary, etc. But right now all they've done is leave a single phone message and send a single letter to collect a debt that they were led to believe was legitimate. Colin, there’s nothing that I (or a lawyer) can legally do until they fail to adhere to the FDCPA. If they break the rules, then I’ll go after them. But until then I’m not going to get worked up about it.

Assuming that the collection agency does something wrong, then I will absolutely go to the state Attorney General, sue if necessary, etc. But right now all they’ve done is leave a single phone message and send a single letter to collect a debt that they were led to believe was legitimate.

]]> By: Colin McConnell http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-106047 Colin McConnell Mon, 05 Nov 2007 21:35:47 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-106047 Mr. Nickel: As I have stated in earlier postings, do yourself a favor, and hire a lawyer. Yes, that will cost you, but if you sue and win, then the collection agency should be liable for your legal fees. If you still don't want to go that route, then at least complain about the collection agency AND original creditor to the appropriate government agencies. Also, I wouldn't wait another minute if I were you ... let alone 30 or 90 days. As Red on 'That 70s Show' used to say, "...Play time is over"!!! Mr. Nickel:

As I have stated in earlier postings, do yourself a favor, and hire a lawyer. Yes, that will cost you, but if you sue and win, then the collection agency should be liable for your legal fees. If you still don’t want to go that route, then at least complain about the collection agency AND original creditor to the appropriate government agencies. Also, I wouldn’t wait another minute if I were you … let alone 30 or 90 days. As Red on ‘That 70s Show’ used to say, “…Play time is over”!!!

]]> By: Ernesto http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-106023 Ernesto Mon, 05 Nov 2007 19:29:01 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-106023 Interesting, when I read this article Google Ads displays 2 links for collection agencies and 3 for companies that will stop the collection agencies. Sign of the times;) good luck in your quest. Interesting, when I read this article Google Ads displays 2 links for collection agencies and 3 for companies that will stop the collection agencies. Sign of the times;) good luck in your quest.

]]> By: nickel http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-106021 nickel Mon, 05 Nov 2007 18:38:12 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-106021 My bad. I thought they had 90 days, but was unable to verify that anywhere (I just forgot to remove that bit before publishing). As near as I can tell they have 30 days to respond, but I might be mistaken. And selling the debt doesn't technically relieve them of their obligation to validate it. Of course, this won't necessarily stop them from trying to pull one over on us, but they're supposed to either respond or leave us alone. My bad. I thought they had 90 days, but was unable to verify that anywhere (I just forgot to remove that bit before publishing). As near as I can tell they have 30 days to respond, but I might be mistaken.

And selling the debt doesn’t technically relieve them of their obligation to validate it. Of course, this won’t necessarily stop them from trying to pull one over on us, but they’re supposed to either respond or leave us alone.

]]> By: BeyondtheConsumer http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/comment-page-1/#comment-106020 BeyondtheConsumer Mon, 05 Nov 2007 18:31:52 +0000 http://www.fivecentnickel.com/2007/11/05/still-waiting-on-debt-validation-from-the-collection-agency/#comment-106020 I would wait out the 90 days, if that's how much time they have, to send a letter telling them they are in violation. Unfortunately, they will probably either 1) continue to collect anyway in the belief that you will find it easier to pay than assert your rights (which I'm sure works for most of their "clients"), and/or 2) sell the debt to another collection agency and the process will begin again. Good luck and keep us updated! I would wait out the 90 days, if that’s how much time they have, to send a letter telling them they are in violation.

Unfortunately, they will probably either 1) continue to collect anyway in the belief that you will find it easier to pay than assert your rights (which I’m sure works for most of their “clients”), and/or 2) sell the debt to another collection agency and the process will begin again.

Good luck and keep us updated!

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