You are here:
- Home
- Business
- Corporate Law
- Collections Law
- No response to Debt Validation - what now?
Collections Law/No response to Debt Validation - what now?
Advertisement
Question
I recently heard from collection agency about a credit card debt from 2002. They put me on hold for 15 minutes, just long enough for me to look up what I should do.
When they came back on the phone, I requested they send me Validation of Debt in writing. The man became upset and started threatening to file suit within 24 hours. I persisted, and he agreed to send me something the next day. In the meantime, I sent my own formal request in writing to their office via Registered mail for validation. It has been 35 days and I have received nothing, nor have I heard from them again.
So now, do I need to send a follow up letter, and what about my credit report...will it stay on there even with no validation? Right now the collector isn't shown as the owner of the debt - the original bank still is. The 'Last Reported' date is Jul 07, 'Last Payment' shows May 04.
Sorry for the long question, I just want to do everything I can to get this done right.
Thank you for any help!!
-Lorna in FL
No, don't send a followup letter. Just let them chew on that for as long as it takes. If they contact you in any way demanding money you have a cause of action against them for illegal continued collection activity. Each contact sans the demanded validation is a new violation and you need to keep a careful record of any such contacts. Even responding to a demand for verification from the credit bureaus is a new violation therefore you need to dispute with the credit bureaus right away.
)
So when did you actually make a payment to the original creditor? That can be quite important too.
Related Articles
- Writing Credit Letters - Tips for Sending Credit Letters to Banks, Debt Collectors, and Credit Bureaus
- Debt Validation FAQ - Questions About Debt Validation - FDCPA
- Debt Validation - Making Collectors Verify Alleged Debts With Debt Validation
- Managing Your Credit Score - Improve Your Credit
- Debt Validation Letter - Sample Debt Validation Letter for Debt Collectors
Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
©2012 About.com, a part of The New York Times Company. All rights reserved.