no response from collection agency

[ldyroper]

What is the name of your state? ND

Over 30 days ago I sent yet a second validation letter to the collection agency/attorney whos got my collection case. I have not heard anything back from them. I stated in my letter I wanted the validation and the answers to my original questions within 30 days, or Id assume this is an invalid collection. The first response for validation from them was a computer printout of an account balance, which is why I sent the second letter. So, what is my plan of action now?

 

[Ladynred]

What did you say in your 2nd letter ? Did you tell them their attempt at validation was insufficient ? Apparently they haven't produced any kind of document with your signature on it.

What you need to do now is send your dispute to the credit bureaus, with the letters to the CA attached along with the CMRR reciept (copies) showing that you have requested validation, twice, and they have not provided it per the FDCPA. If they can't or won't validate fully, then they should not be verifying to the CRA's. So, if the CRA's verify, you demand a procedural report on HOW they verfied an account that the CA won't or can't validate.

 

[krelza]

I was just thinking..wouldn't it be a good thing that they cannot validate the debt?

 

[kevinss]

Yes, but you need to make sure you stay aggressive until and if the burden of proof shifts to you. You want to seem like a nutcase who is outraged at the fact that they would make this claim in the first place. The sole purpose being to piss them off enough to send whatever they have, if they have it.
If they don't respond, that doesn't necessarily mean they don't have the evidence.. they may just not feel like dealing with it now and will take it to court later (they file cases in bulk.)
CAVEAT: they DO have to mark the debt as disputed with the CRAs. You should check your report and see to it that they have it listed as such. If not, make sure you save a copy for your records. You can then sue them for a violation of the FCRA. Just kinda keep it on the back burner as a $1000 discount if they do prove the debt is yours.

 

[ldyroper]

The second letter stated that the computer printout was not proper validation, ( right now Im in a tizzy, I cant find my copy of my first letter!! thought it was saved on my computer)and it asked for a few other items as outlined in a sample validation letter I found online. What is CMRR reciept copies?Do I need to get credit reports from all credit bureaus? theres equifax and who else? Thanks for all your advice! and help!

 

[kevinss]

CMRR = certified mail return receipt
You'll want to pull from Equifax, Experian, and Transunion.
There's a new one, but I'm not sure what it's used for at this point (Innovis.)

 

[VeeGee]

Hey Kevinss....here's a little scoop on "Innovis"

http://www.creditinfocenter.com/pressreleases/Innovis.shtml
http://www.carreonandassociates.com/_memberoffers6.htm

 

[bigun]

On the subject of other CRA's, here's a thread from another site with so info. There are mor than 4 and several are quite specialized.

http://www.creditboards.com/phpBB2/viewtopic.php?t=2036