Jump to content

Please consider disabling your adblocker for CreditBoards if you have not already done so.  This site depends on advertising revenue to stay online.


Sign in to follow this  

JDB responds to validation with Application from OC

Recommended Posts

Posted (edited)

1. EX & EQ deleted a collection acct from my report in 2016 after one initial dispute 
2. In 2019, a JDB reports on EX & EQ for the same acct. I requested a DV and the JDB sent the initial application.

3. OC sent the wrong item in 2014 and after 6 months of disputing they stopping collection attempts. (technically this should be #1). 
4. I disputed the JDB (2nd ÇA) with the CRA’s and it came back verified. 

What letter can I send to the JDB after they responded with the initial application from 2014 and what is another dispute tactic to the CRA that only responds with previously verified. 
 

i searched but searching here is not the same anymore. 
thanks in a d’avance for input 

Edited by pissarita
Title clarify

Share this post


Link to post
Share on other sites

There is no absolute standard as to what qualifies as "validation" other than to address whether it would satisfy a court of competent jurisdiction that the correct party was being dunned and that the amount sought was consistent with the delinquency.

 

Kitchen sink letters are trash but a SPECIFIC dispute may very well be something that the original application would suffice.  Without knowing WHAT was placed into material dispute and WHAT State laws may exist in your jurisdiction, it is difficult to say what the next step would be...what you do NOT want to do is send generic tripe.

Share this post


Link to post
Share on other sites

The FDCPA requires that they give you the name of the entity suing, the amount, and if requested, the original creditor. (usually only a JDB does that) Giving you the app tells you who the OC was. It's a pretty low standard. 

Share this post


Link to post
Share on other sites
1 hour ago, legaleagle2012 said:

The FDCPA requires that they give you the name of the entity suing, the amount, and if requested, the original creditor. (usually only a JDB does that) Giving you the app tells you who the OC was. It's a pretty low standard. 

And in some cases, this low bar is not hurdled.  

 

What usually happens is there is a mixup somewhere, and the wrong information is sent.  If that happens, and they continue to collect, that is a violation.

 

These situations are a lot more rare than they were in the old days.  I had over $100k in unsecured debt when the Great Recession started.  Tens of thousands of that were wiped out using the then-controversial TrueQ Arbitration method, which is now recommended by the same people who trashed TrueQ and his method back in the day.  But MOST of that debt was actually wiped out because of no validation.  I had between $60-70k of debt in two accounts with BOA.  I played a game of whack-a-mole for several years -- they would send an account to a CA, I would send a DV letter, and then no reply.  A few month later, a different CA would send info on the same account.  Finally they gave up.

 

There was another account with a different bank in which I sent a DV letter to a CA.  The CA asked the OC for validation, and the OC sent back a letter, which the CA forwarded, saying the OC didn't have to validate a debt.  The ID-10-T for the OC seriously didn't realize that they were precluding the CA from pursuing the debt.  I walked away from that one as well.

 

These situations are MUCH rarer than they used to be.  But occasionally this actually still happens.

 

If this actually happened, and they are contusing to collect the debt, then they are violating the FDCPA, and POSSIBLY the FCRA.

 

As others have mentioned, the bar is VERY low.  If they simply say: "we own the account, which we got from Big Bank, and the amount is $xxxx", they have cleared the hurdle and there is no violation.  

Share this post


Link to post
Share on other sites

Actually, they were required to send you any documentation.   Finding an entry on a credit report is not an initial communication that triggers a consumer’s right to demand validation under the Fair Debt Collection Practices Act.  In addition, the Fair Credit Reporting Act does not require documentation be sent to a consumer in response to a dispute.  

Share this post


Link to post
Share on other sites
3 hours ago, Bluesie58 said:

Actually, they were required to send you any documentation.   Finding an entry on a credit report is not an initial communication that triggers a consumer’s right to demand validation under the Fair Debt Collection Practices Act.  In addition, the Fair Credit Reporting Act does not require documentation be sent to a consumer in response to a dispute.  

Hence my additional comment of needing to know what STATE laws apply...some (such as here in the Great State of Texas) are far better than federal statutes.  Others are just as ineffectual as federal law...

 

But, since OP has not come back to the thread, it is all meaningless...it is so frustrating to try and offer guidance only to have an OP never come back to the thread.

Share this post


Link to post
Share on other sites
On 5/8/2020 at 11:19 AM, centex said:

Hence my additional comment of needing to know what STATE laws apply...some (such as here in the Great State of Texas) are far better than federal statutes.  Others are just as ineffectual as federal law...

 

But, since OP has not come back to the thread, it is all meaningless...it is so frustrating to try and offer guidance only to have an OP never come back to the thread.

I’m here— what guidance do you have to offer please. I didn’t get a notice of response so my bad on the delay. 
 

 

Share this post


Link to post
Share on other sites
1 hour ago, pissarita said:

I’m here— what guidance do you have to offer please. I didn’t get a notice of response so my bad on the delay.

See my reply from May 7th.  That additional information is needed to give any modicum of guidance that may actually apply to YOUR situation...

Share this post


Link to post
Share on other sites
On 5/7/2020 at 11:15 AM, centex said:

There is no absolute standard as to what qualifies as "validation" other than to address whether it would satisfy a court of competent jurisdiction that the correct party was being dunned and that the amount sought was consistent with the delinquency.

 

Kitchen sink letters are trash but a SPECIFIC dispute may very well be something that the original application would suffice.  Without knowing WHAT was placed into material dispute and WHAT State laws may exist in your jurisdiction, it is difficult to say what the next step would be...what you do NOT want to do is send generic tripe.

State GA. What do you mean ‘what was placed in material dispute’ ?

i disputed the validity of the account, the amount, contract obligations between JDB & me. 
History: The actual purchase was disputed with the original seller since they delivered the wrong item and their delivery service refused to carry it back to their truck and take their item with them!!! 
It went to some collection company and was deleted... now 5 yrs later it’s showing up from this JDB at 4x the cost. 

Share this post


Link to post
Share on other sites

It appears you did not pay for the item, nor did you send the wrong item back. That may pose a problem if this gets in front of a judge.  We need a lot more info than this. 

Share this post


Link to post
Share on other sites
7 hours ago, legaleagle2012 said:

It appears you did not pay for the item, nor did you send the wrong item back. That may pose a problem if this gets in front of a judge.  We need a lot more info than this. 

Interesting there was a 10% balance left  not including the shipping fees... arrangements were made for pick but they never showed. So to show a judge how they failed to pick up their product after numerous written communication of them agreeing to it— I might be ok. But who knows. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By BFee317
      I finally decided to attack my credit issue rather than pretend they don't exist. Here is the situation
       
      Here is my CreditKarma information...
       
      TransUnion and Equifax (both show the same items
      Credit Cards $0
      I have a $500 secured Discover IT card that I used for YouTube TV payment and that is it. Between 10% and 30% utilization opened May 2020.
      My mother added me as an authorized user to her Costco Capital One card that has perfect payment history, 8 years open and a $15,000 limit.
       
      Collections $5,317
      Armada Corp
      Total Accounts 6 (medical) Oldest age of account 2019
      $3,193 
       
      Puget Sound Collections 
      Total Accounts 2 (medical) Oldest age of account 2019
      $1,814
       
      Solverity
      Total Accounts 1 (medical) Oldest age of account 2019
      $310
       
       
      Student Loans
      $0
      Accounts Were Garnished from my paycheck and paid
      Closed Accounts 4
      Dept of Education/NELNET (Closed 4/2016) 
      Dept of Education/NELNET (Closed 4/2016)
      US Department of Education (Closed) Opened 09/2012
      US Department of Education (Closed) Opened 09/2012
       
      I have sent debt validation letters to all three credit bureaus and this is what was verified. Where do I go from here. I was added as an authorized user to my mothers credit card (Capital One Costco) about a month ago. I hope this helps my score improve but it hasn't reported yet. I saw a 25+ point boost from my secured discover card but it hasn't helped since then. Can anyone offer some guidance as to a path for a better credit score? 
       
      Thanks,
      BFee  
    • By BFee317
      Anyone have experience pulling medical collections back from the credit agency and start a payment plan with your HC provider? Or negotiating with a HC provider for items already in collections and paying the HC a negotiated monthly amount or a one time negotiated payment then doing WhyChats system if the items are not removed from collections? The reason I ask is I have over 9 open accounts with Armada Corp (CA) totally over $15,000 and I am looking for the most efficient way to get this removed from my credit report.
       
       
      Thanks,
      BFee



  • Member Statistics

    • Total Members
      179,249
    • Most Online
      2,046

    Newest Member
    chris115
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines