Some good advice: RE; validation

[Broke D Broke]

although the CA says they've tried to contact me multiple times citing incorrect address.

 

Hmmm, sounds like phishing to me. I'm new to this game, but I would suggest not providing a serviceable address.

 

Sending out the sample, simple DV letter today. Will be sure to post the results, but I'm honestly just hoping I'll have nothing to report (they never contact me again).

[shadowmonk]

So this letter will really possibly work for me even though this collection on my report was paid off about 5 years ago? That would be awesome!

[lostnconfused]

Quick question. I am trying to send this letter out and it appears that I do not include my return address on the letter under my name on top. Is this correct?

 

TIA for your response.

[MrsCF]

so im wondering If the Creditor hasnt sent you anything in a long time(im to clear things up) Then whats the step can you still send them a letter TY

[JunkBuyersWorstNightmare]

so im wondering If the Creditor hasnt sent you anything in a long time(im to clear things up) Then whats the step can you still send them a letter TY

 

Yup, it's Friday.

[Another Bad Creation]

Thank you, from a newbie. I'm reading, researching and learning.

[MissJennaJ]

I think this deserves to be reposted and huge credit to Sassy.

 

So many times during our correspondence with CA's in regards to validation, we've sent long letters detailing to the CA what infomation the CA needs to give us to satisfy our validation request. Yet we all send our validation letters hoping the CA doesn't respond or if they do, they don't meet the validation requirements.

 

Sooooo why in the world do we give them explicit instructions on what is needed to satisfy validation requirements? Almost all of the template validation letters I've seen give very detailed instructions for the CA. As the consumer disputing a debt, it is not our job nor are we required to lead the CA around by the hand and HELP them with their obligations by telling them what they need to do.

 

So, during a discussion in another thread, Sassy provided the following (and brilliant I might add) response example of a validation letter.

 

I've expanded on it slightly just for formatting sake. Ready?

 

Your Name

 

Date

 

Re: Account # 123456787

 

Dear CA,

 

I dispute your claims in their entirety and request validation pursuant to the FDCPA.

 

Sincerely,

 

Joe Consumer

 

That's it. With this letter, I sincerely believe most CA's would simply file this and ignore your request which is EXACTLY what you want. The requirments of validation are all contained in the FDCPA. It's up to THEM to know it and/or read it and learn it. This is what I'll be using from now on for all my validation letters. Thanks Sassy!

 

Thank you! I appreciate this simplified "how to" LOL! I was wondering the exacts of these letters

[rmarrero768]

Good Evening,

 

Do I mail the validation letter directly to the collection agency or the credit bureas? I read in multiple articles that disputes should only be made with the credit bureas directly?

 

What I want to avoid is roll back the "clock" on my debt with the CA?

 

Thanks and Regards,

 

Raf

 

Thanks Phreedom!!!!!!!!!!

 

I like your formatting additions too

 

Sassy

[breeze]

Hi, rmarrero768,

 

The post you're responding to is from 2003. Validation letters always go to collection agencies. It's based on the FDCPA. Not to worry, you'll have it memorized soon.

[mowscooby]

I'm glad that this post was revived!

 

I'm sending out a validation letter this week and I have one question:

 

 

Is it still recommended (since this thread started in 2003 I thought that I'd ask), that you start your letter with "I dispute your claims in their entirety" ?

 

Doesn't this imply you deny the debt altogether? Or maybe dispute does not mean deny but something else? I like the short letter and will use it. I just don't want the CA to throw something back in my face about denying a debt. Or maybe I am just paranoid Thanks!

[breeze]

You have to read PsychDoc's seminar to understand the reasons behind disputing items that you know are legitimate, or think may be legitimate. http://creditboards.com/forums/index.php?showtopic=425496

[mowscooby]

Thank you, I am going to read it straightaway!

[futurehomeowner?]

I feel like bumping this for all the newb's who may not have made it all the through the beginner sections.

[aryprecious]

I think this deserves to be reposted and huge credit to Sassy.

 

So many times during our correspondence with CA's in regards to validation, we've sent long letters detailing to the CA what infomation the CA needs to give us to satisfy our validation request. Yet we all send our validation letters hoping the CA doesn't respond or if they do, they don't meet the validation requirements.

 

Sooooo why in the world do we give them explicit instructions on what is needed to satisfy validation requirements? Almost all of the template validation letters I've seen give very detailed instructions for the CA. As the consumer disputing a debt, it is not our job nor are we required to lead the CA around by the hand and HELP them with their obligations by telling them what they need to do.

 

So, during a discussion in another thread, Sassy provided the following (and brilliant I might add) response example of a validation letter.

 

I've expanded on it slightly just for formatting sake. Ready?

 

Your Name

 

Date

 

Re: Account # 123456787

 

Dear CA,

 

I dispute your claims in their entirety and request validation pursuant to the FDCPA.

 

Sincerely,

 

Joe Consumer

That's it. With this letter, I sincerely believe most CA's would simply file this and ignore your request which is EXACTLY what you want. The requirments of validation are all contained in the FDCPA. It's up to THEM to know it and/or read it and learn it. This is what I'll be using from now on for all my validation letters. Thanks Sassy!

 

I definatly love this!!!! great letter.... thnks for the post

 

I think validation and veryfication will be my main words of the day

[Universe]

Sorry if this is a ridiculously silly question.....Just starting this process and sending this simple letter to CA'S. Do you put you full address after your name or do you make them "find you" ?

 

Thanks

[ICANHASMUNY?]

Sorry if this is a ridiculously silly question.....Just starting this process and sending this simple letter to CA'S. Do you put you full address after your name or do you make them "find you" ?

 

Thanks

 

? are you sending DV's based on information found on your credit reports?

 

1) are your debts beyond the SOL?

 

2) do you know the difference between a JDB and a CA?

 

3) make sure who you are dealing with - the collection account you think is a CA reporting could be a JDB who could file suit.

 

4) if the original creditor has the account listed as " sold " or "transferred to another lender" it's been sold to a JDB.

 

5) there are CA's who collect for JDB's -

 

you need to know the legal status of your accounts, and your states SOL before starting any disputes.

 

read the pinned topic " Your collection Score "

 

you had to provide your current address to acquire a credit report - so the CA's now have access to that.

[Universe]

Whew...Thank for your response! Yes I am doing the DV due to thing found on Credit Report. I Have items past the 4 year Florida SOL. I do not know how to start with those. Do I dispute them with CRA? What is the SOL process is past sol? Where would I find a example letter? Eeek I thank the universe for finding this board!

[ICANHASMUNY?]

we have case law that it's 4 years.

 

but most judges go 5 - is it past the 5 year SOL too?

 

and florida has a borrowing statute - borrows the lenders choice of law in the card agreement

 

so if the lender was in DE or VA, it's only a 3 year SOL.

 

http://creditboards.com/forums/index.php?showtopic=392816

 

there are sample letters in the sample letter forum

 

why don't you start a new thread of your own.?

[tanschwan]

I'm going to use this DV letter for my son. The collection letters are addressing him using his birth surname but he legally changed to my maiden name in 2014. So should I use his legal name now or the one that is on the collection letters?  

[centex]

3 hours ago, tanschwan said:

I'm going to use this DV letter for my son. The collection letters are addressing him using his birth surname but he legally changed to my maiden name in 2014. So should I use his legal name now or the one that is on the collection letters?  

Son should be sending the letter in the name under which the contract was written.

 

On edit...in MANY jurisdictions, a name change approved by the Court admonishes the individual of their obligation to notify ALL creditors of the new name.  If that was not previously done, then this will be the time to include the new name in the letters.  If they DID previously notify all creditors, then the name under which the contract was written will necessarily have incorporated the modification.

Edited April 2, 2020 by centex

[tanschwan]

On 4/2/2020 at 4:33 PM, centex said:

Son should be sending the letter in the name under which the contract was written.

 

On edit...in MANY jurisdictions, a name change approved by the Court admonishes the individual of their obligation to notify ALL creditors of the new name.  If that was not previously done, then this will be the time to include the new name in the letters.  If they DID previously notify all creditors, then the name under which the contract was written will necessarily have incorporated the modification.

Thank you. So I'm understanding that he should use his previous/birth name to match how they have addressed him?  

 

CA/OC

Portfolio Recovery Assoc/Synchrony Bank/Amazon

Firstsource Advantage/Synchrony Bank/CareCredit

 

The OCs were either never notified of his name change or they asked for proof and he didn't follow through w/the request.

[tanschwan]

1 hour ago, tanschwan said:

Thank you. So I'm understanding that he should use his previous/birth name to match how they have addressed him?  

 

CA/OC

Portfolio Recovery Assoc/Synchrony Bank/Amazon

Firstsource Advantage/Synchrony Bank/CareCredit

 

The OCs were either never notified of his name change or they asked for proof and he didn't follow through w/the request.

I also wanted to add (sorry the edit button didn't work for me because it errored for some reason) but does he put his old name at the top of the letter and sign with his legal name at the bottom of the letter? Thanks again for your help. 

[hegemony]

On 4/5/2020 at 10:01 AM, tanschwan said:

I also wanted to add (sorry the edit button didn't work for me because it errored for some reason) but does he put his old name at the top of the letter and sign with his legal name at the bottom of the letter? Thanks again for your help. 

^^^^ @centex

[centex]

14 hours ago, hegemony said:

^^^^ @centex

Thnx for the bump hege...missed their previous follow-up...

 

Both names should be referenced in the body of the letter given the obligations typically found with a court-ordered change of name.  He would then sign the letter with the name approved by the Court. 

[nursewithbadcredit]

I received a letter from Radius Global Solutions for Capital One (OC).  I cannot, for the life of me, find the letter they sent.  How do I get the account number to send the generic validation letter?  I called Capital One, but they transferred me directly to Radius and they asked me to verify my SSN and birthdate, so I hung up.  What do I do?