DV or FOAD?

[dd50]

I know that all mine were out of SOL before I found these boards but didn't know it at the time. I still have the same bank account and my bank statements. I also use to put in a note book of that I paid and when. I also have a few reports from 2000 and 2002. What I have done if they have changed the account # or the name changed I would DV. When I got the bogus "validation" if any they I would send a FOAD. If it was the origianal account # with the OC I would send a FOAD.

 

I wouldn't send a FOAD if I wasn't 100% sure. I would always DV first. In my FOAD I would always put C&D in bold letters to make sure they saw it.

[jack1212]

Oh! Look!

 

 

Summin Shiny!

[Jen23514]

Summin Shiny!

 

you stole my line

 

[PizPump]

I have actually never used a FOAD letter. My curious question is are they actually successful. Thinking that if I were a JDB collecting on a debt that is just a poke and hope. Received a FOAD letter from alleged debtor. I would just sell it off to the next sucker, I mean JDB, that comes buy.

Agree 100%

 

If you know a debt can't be collected on, just ignore it. By sending a FOAD you're basically confirming where you live and that the debt may/may not be yours.

 

If the JDB sues you thinking he/she will get a default judgement, just show up in court and use SOL as your defense. End of story.

[centex]

I have actually never used a FOAD letter. My curious question is are they actually successful. Thinking that if I were a JDB collecting on a debt that is just a poke and hope. Received a FOAD letter from alleged debtor. I would just sell it off to the next sucker, I mean JDB, that comes buy.

Agree 100%

 

If you know a debt can't be collected on, just ignore it. By sending a FOAD you're basically confirming where you live and that the debt may/may not be yours.

 

If the JDB sues you thinking he/she will get a default judgement, just show up in court and use SOL as your defense. End of story.

 

By combining a basic denial with the FOAD, however, you place the entity on notice of both facts. By not denying/disputing the claim, you subject yourself to a 1099-C. Beyond that, they already have my POB or could have gotten it through other means...

 

And...if they want to sue, you really SHOULD want to know they have the current address because of the headaches that a sewer default can create...but then again, some of us LIKE being proactive.

[jack1212]

I have actually never used a FOAD letter. My curious question is are they actually successful. Thinking that if I were a JDB collecting on a debt that is just a poke and hope. Received a FOAD letter from alleged debtor. I would just sell it off to the next sucker, I mean JDB, that comes buy.

Agree 100%

 

If you know a debt can't be collected on, just ignore it. By sending a FOAD you're basically confirming where you live and that the debt may/may not be yours.

 

If the JDB sues you thinking he/she will get a default judgement, just show up in court and use SOL as your defense. End of story.

 

I would never ignore them. Even if it were 20 years old. I would at least address it and do something to CYA.

[GoArsenal]

Great post!!!

 

I prefer a straight DV because it covers all the grounds and sets the CA up for latter on should they play their games.

 

1. A DV will get the exact DOFD.

a. If the CA doesn't send validation, then it can't be collected.

b. If the CA send a BS DOFD and you have proof of it, then you have a few more punches; Continued collection activity without providing validation (the collection letter that usually comes with the validation) and misrepresenting the alleged debt (false DOFD).

 

2. I've read A LOT on CB's, and the one thing (apart from what is validation?) that sticks in my head is that 'admission of the debt may reset the clock (some states, not for sure though). Its just one of those things that I tend to stay away from. With a straight FOAD, pretty much the sender is admitting the debt, otherwise how would they (the debtor) know the DOFD.

 

If you've read CB's and distinguished the BS from the good knowledge, you will not have any fear of going to the mail box every morning. Sheesh do I miss the good fight at times!

 

But anyway, to sum it all up DV all the way. There's nothing like a CA proving to themselves and the court that they cannot threaten the consumer with court action, and more importantly, force the consumer pay!!!

[jack1212]

I look forward to the mailbox now, lol.

[jack1212]

ttt

[Apache41]

Very good thread to read so far, not to hijack, but to solicit input; how would you handle the following situation?

 

I have a collection account reporting a DoFD of 07/2006 for a cell phone, this date comes from my credit reports. I know federal law gives a SOL of two years, so would it be advisable to play it safe and DV first, or just tell them to pound sand?

 

Also, what's the consensus on WhyChat's SOL letters here: http://whychat.5u.com/nottoca.html Are they good templates to use in this situation?

 

Thanks all!

[Apache41]

ttt for the Friday night crew

[dd50]

Very good thread to read so far, not to hijack, but to solicit input; how would you handle the following situation?

 

I have a collection account reporting a DoFD of 07/2006 for a cell phone, this date comes from my credit reports. I know federal law gives a SOL of two years, so would it be advisable to play it safe and DV first, or just tell them to pound sand?

 

Also, what's the consensus on WhyChat's SOL letters here: http://whychat.5u.com/nottoca.html Are they good templates to use in this situation?

 

Thanks all!

 

For that I would do a DV since it is so new.

[credit-credit]

Great post!!!

 

I prefer a straight DV because it covers all the grounds and sets the CA up for latter on should they play their games.

 

1. A DV will get the exact DOFD.

a. If the CA doesn't send validation, then it can't be collected.

b. If the CA send a BS DOFD and you have proof of it, then you have a few more punches; Continued collection activity without providing validation (the collection letter that usually comes with the validation) and misrepresenting the alleged debt (false DOFD).

 

2. I've read A LOT on CB's, and the one thing (apart from what is validation?) that sticks in my head is that 'admission of the debt may reset the clock (some states, not for sure though). Its just one of those things that I tend to stay away from. With a straight FOAD, pretty much the sender is admitting the debt, otherwise how would they (the debtor) know the DOFD.

 

If you've read CB's and distinguished the BS from the good knowledge, you will not have any fear of going to the mail box every morning. Sheesh do I miss the good fight at times!

 

But anyway, to sum it all up DV all the way. There's nothing like a CA proving to themselves and the court that they cannot threaten the consumer with court action, and more importantly, force the consumer pay!!!

 

 

that I like.

 

DOFD, date of first delinquency, why is that important? is that when SOL starts? the SOL clock starts clicking then?

 

thanks

[jack1212]

Great post!!!

 

I prefer a straight DV because it covers all the grounds and sets the CA up for latter on should they play their games.

 

1. A DV will get the exact DOFD.

a. If the CA doesn't send validation, then it can't be collected.

b. If the CA send a BS DOFD and you have proof of it, then you have a few more punches; Continued collection activity without providing validation (the collection letter that usually comes with the validation) and misrepresenting the alleged debt (false DOFD).

 

2. I've read A LOT on CB's, and the one thing (apart from what is validation?) that sticks in my head is that 'admission of the debt may reset the clock (some states, not for sure though). Its just one of those things that I tend to stay away from. With a straight FOAD, pretty much the sender is admitting the debt, otherwise how would they (the debtor) know the DOFD.

 

If you've read CB's and distinguished the BS from the good knowledge, you will not have any fear of going to the mail box every morning. Sheesh do I miss the good fight at times!

 

But anyway, to sum it all up DV all the way. There's nothing like a CA proving to themselves and the court that they cannot threaten the consumer with court action, and more importantly, force the consumer pay!!!

 

 

that I like.

 

DOFD, date of first delinquency, why is that important? is that when SOL starts? the SOL clock starts clicking then?

 

thanks

 

 

Yes the SOL collections starts when the account went default and never became current again.

[northwestnative]

AFter studying the credit boards for months, I sent the Foad letter along with the Factoring account letter/ITS and I got rid of Midland Credit, Presidio and Dunstone who had been reporting the same account in 2-3 different places on my reports. It worked great and haven't seen any of them since and these guys are nasty.

[jack1212]

AFter studying the credit boards for months, I sent the Foad letter along with the Factoring account letter/ITS and I got rid of Midland Credit, Presidio and Dunstone who had been reporting the same account in 2-3 different places on my reports. It worked great and haven't seen any of them since and these guys are nasty.

 

Did they say they were deleting, or just vanish?

[LiftnW8z]

Good conversation here.

 

I have and had a few things floating around that could be "borderline" and one or two that are flat out "unknown" to me - so in that case, the process of validation has been EXTREMELY helpful to make sure what my next step is. I think it's ultimately worth it to put the CA on the spot and prove themselves FIRST before doing anything else.

[northwestnative]

Jack,

 

They just vanished. All three of them.

[nekom]

I only sent a FOAD once, on my wife's behalf on an 8 or 9 year old cell phone bill that's out of statute six ways from sunday that our good friends at AFNI had. I put the strongest wording I could think of, including "You are to cease all contact with me." and even closing with "This is a refusal to pay."

 

They sent back "Our office is working on obtaining the verification you requested." Do they even READ the letters they receive? I sent a second letter threatening litigation and they haven't sent anything since. If I had the time or the money I could probably sue them for kicks.

[Lynn37]

I have only had to do it once. To asset on a debt that was at least 15 years old., Since I was pretty new here at the time, I was afraid it might report, so I sent a dv/foad mix. It worked, never heard for them.

Edited March 8, 2009 by Lynn37

[SamuraiJack]

I sent an FOAD to Cavalry for a bill that was beyond SOL and past the reporting date but still on the DGF CBR, they sent back incomplete validation (just copies of phone bills)..

 

I always try to DV first, even if I know it is past SOL just because sometimes it is just as effective, or else it gives you more ammo for the ITS that follows when they mess up the reporting...

 

SJ

[jack1212]

Dusty in here.....

[webhead]

Let me try to dust it off for you...

 

I always send the DV first even when I know it is SOL, that way once they send their fake validation then they have provided the information that proves the SOL status.

 

I then send the second DV with a partial FOAD I never admit to the obligation but I do let them know that, thanks to their attempt at validation, and because of the information they gave; it would appear that the bill is out of time and that it should be abandoned.

 

I go on to let them know that they shouldn't pass it on to another JDB as I have no problem in letting the next CA know that they had been defrauded by this CA.

 

My hope is that it will get them from both sides... If they pass on the debt after they were told about the SOL they are commiting fraud to the next CA and I have no intention of dealing with them any longer.

 

I have had 5 negative TL's dissapear with this, never to be heard from again.... well it has only been four months so far, but you get the idea

[dodger23]

FOAD that mentions counterclaims, sanctions if trade line is not removed works very well if SOL is certain

[Jen23514]

ttt