Bogus Validation Letters?

Was this a response to a debt validation request? Why would they just send you this without request.

If I were you I would send debt validation, I had a copy of a bill show up and they claimed that was enough, to me it was not enough, I wanted a copy of the original contract that listed them as the other party besides myself that entered in the contract. I never had any contract with the collection agency.

GN I always thought they had to have the original contract for it to hold up. Am I mistaken? They must ask for validation before paying any old debt. I would advise anyone to do this.

I think that the original creditor has send you the letter asking you to pay back the debt you owe. Whenever, the original creditor first communicates with you in writing asking you to repay back the debt you owe, they send a debt validation notice along with the letter to let you know your right to dispute the validity of the debt. You need to dispute the debt or ask for debt validation within 30 days else it is assumed that the debt is valid and the creditor can proceed forward towards collecting the debt.

You said that the letter mentioned that the debt was acquired by the original creditor and not by any collection agency. It may be because the debt may have passed back to the original creditor from the collection agency for some reason or the other.

Why would a debt pass back to the original creditor unless the collection agency never paid for the debt and now doesn't want it. If it is the OC and she has lots of over the limit and interest fees will the OC work with her on a settlement? Does this only happen after the debt is sold off?

Yes, goodluck getting any debt validation from them, after you don't get the debt validation you can dispute it on your report. If they continue to bother you send a cease and desist letter, that way they will have to cease all collection activity.

GN if they don't validate and the debt is still in SOL can they come back later and validate the debt and sue you? Just say perhaps I have three years left before the SOL comes into effect and I try to get a debt validated. They don't validate and it is then taken off my report. Can they later before the SOL is up send validation and still collect on the debt?

Yeah, as long as it is with in the sol they can sue you, even after it expires they will try to collect it, they just can't sue you.

Hi jenickki
You should then send a debt validation letter within 30 days from the date of receipt of the letter if it is a debt validation notice letter. Actually when the collection agencies call you over phone to repay the debt, they need to send you a debt validation notice by mail to inform you your right to validate the debt as per FDCP Act. If you don't send a debt validation letter within 30 days from the date of receipt of the letter, the debt is accepted as valid.

Yes, after they validate your debt, you should check whether the Statute of Limitation in your state has expired or not. If the SOL has already expired, there is no need to contact the CA for repaying the debt because if you even try to repay the debt partly, the SOL will rewind and you may need to pay back the entire debt. However, if SOL has not expired, then only contact the CA to repay the debt, but try to make the creditor agree for pay for deletion agreement before paying off the debt in full.

What state are you from? We can find the statute of limitations for you if you don't know where to look.

I always like to have that site bookmarked. Its quick easy access when you are trying to help someone.

me too, now if the poster would come back and let us know where she is from.

I think I read on that she was from florida, not sure but I think that she said florida

Floridas statutes are not real clear. I looked them up for another postere and it states if the debtor leaves the state it stops the SOL. I posted the write up on another post for you and you didn't answer what you thought.

I seen you posted, but when I looked it up I did see all that detail, glad that someone else picked up on it. That is why it is good to have more than one set of eyes on something, we all see different things.

Can you believe ther is a SOL like this? Talk about a debtors prison..now you can not even move or you will be locked inside the debt forever.

I am glad. I don't like the fact that I have debt I can not pay but I also don't like the fact that a $500 credit limit rolled over 4 times to a huge amount. Sad fact is if it was still the original amount i could probaly pay it. Some states the SOL is like 6 years.

What type of card is it fireyone?

Depends which one you are inquiring about. Cap. one (off credit rec. now) or Providian, which Midland has hed for sometime now and are total @@@holes. I tried a couple times to see what they had to offer and they still want a staggering amount. On top of that they continue to add fees on every month. Before Providian sold it the amount after all those OTL fees and Late fees was $1600 (on a $500 card). Ands nor it is $2300 and going.

Hey, JENICKKI..........I live in PA, too. I thought the SOL, in PA, was 6 years. OR...is it 4 years just for CC debt? Can ya 'enlighten' me, please? Thanks.

Sol was 6 years but they changed it quite a while ago to 4 years. Hope this helps ya SD. Lots of PA residents on the forum. So far I have counted 4.

So....since the SOL is 4 years, does the debt STILL on your CR for 7 years, or does it come off in 4 years? All this SOL stuff can be confusing.

Still on for 7 years. It will not fall off until then. The SOL is just how long a creditor has to legally sue you it has nothing to do with trhe fall off date.
So if you had a collection in jan 2000 it will not fall off until Jan 2007. Sometimes even 6 months after that. Actually most of the time according to my credit report and info I have gotten from here. So it would actually stay on until June 2007

Hi Chargers
Even if the Statute of Limitation is your state expires, the negative listing will stay in your credit report for 7 years. However, the impact of the negative listing on your credit score starts decreasing after the SOL is over. The SOL starts from the date you first missed your payment and from that date it continues till its expiry date. The SOL for open ended accounts in PA is six years and since credit card debt falls under open ended accounts, the SOL will be six years.

Statute of Limitation varies across states in US and it may range from 3 years to 15 years. Moreover, SOL also depends on the nature of the debt agreement. There are four types of debt agreement - oral contract, written contract, promissory notes and open ended account. Credit card debt falls under open ended account because these type of debts are revolving lines of credit with varying balances. However, in PA, for oral agreement the SOL is 4 years, for written agreement it is 6 years and for promissory notes it is 4 years.

Carol. what is a credit card debt considered? I believe they changed the SOL a few years ago. It is only four forPennsylvania Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. .§3118
a credit card now. If it is open-ended then I don't see your listing here.

pennsylvania changed those rules awhile ago, that was me above, did not sign in

Hi Chargers
Statute of Limitation on all types of debt in PA is four years. Credit cards fall under open ended accounts and so the SOL on credit card debt will also be four years. Although your four years time frame for SOL has expired, the negative listing will stay in your credit report for seven years and six months from the date you first missed your payment. However, your credit score will start improving after the SOL expiry if you make timely repayments on new purchases on the credit cards.

Anthony is correct. I knew PA change their credit card SOl a few years ago. I am not entirely sure when it was. It is noce to know that a score will improve after the SOl has expired instead of waiting for it to fall off beore you see any score improvements. I hope this helped you out.

Sounds like you are in a vicious cycle. Sometimes it gets less and less as the debt gets older and older. If you feel you are protected by the SOL in your state you may find it easier to just ignore them. Soemtime the more responsew they get from you the more aggravating they become.

are you sending them certified, return reciept requested.

Yep that is always the best route to go or you are just wasting your time.

I never send it any other way when dealing with a collection agency?

I never had to..Thank God..I have only ever had two accounts go into collections...One never really bothered me but the other was a pain up until the SOL expired. So far they have left me be. I shouldn't say up until the SOL but until the previous company sold it ...which at the time SOl was up.

I had like four in collections at one time, I did finally get them all paid off but they are still on the negative side of my report. I did not know about the pay for delete. However, I don't think the companies that I settled out with had the power to delete all the hands that they went through before I I finally got a head enough to pay it off.

Hi goodnatured
If you have paid back to the collection agencies who had purchased your debt, then they could have removed the CA listing and not the OC listing if you had made a PFD agreement before paying off the debt. The OC listing would remain in the report for seven years. However, if the OC has only transferred the right to collect the debt to the CA but has not sold off the debt, you can get both the CA as well as the OC listing out of the report, if you can come to a PFD with the OC.

Justin,

I paid off four accounts last year, they are all still on my report as a negative it, however they do show that they have been paid up in full, how can I get them removed, I filed a dispute with the credit reporting agency and it did not work. Do you have any other suggestions please?

I really thinkm it's scary that your Credit Score can 'vary' that much. You may have a great score, one day..and a 'medium' score the next. I HEARD ( whether the info is true or not..) that even if you DO pay debts off, it STILL stays on your CR for 7 years. If someone knows differently, please let me know. Thanks.

GN...were all the debts with in the SOL? Did you ask for a pay for delete? Sometimes it is really hard to get a debt removed once you oay it and do not ask for the pay for delete in the beginning. I have also heard that sometimes it takes a cople of requests before it will be removed. Maybe Justin will have some better advice.

No, I haven't asked for a Pay for Delete letter. Well........that I know I may have a chance, then I'll probably pursue this. Thanks.

Hi Chargers
You should always try to go for Pay for deletion agreement before you pay off the debt. If the creditor agrees to PFD, then the negative listings will be removed from your report once you pay off the debt. But if you do not get this letter in writing then after you pay off the debt, the creditor may not remove the listing and you will have no weapon against the creditor. But if you have the PFD agreement in writing, you can send a copy of the letter to the credit bureaus who will get the listing removed from your report.

Justin, Lets say that a person gets this pay for delete in writing...how long after the debt is paid does the collection agenct have to go in and fix or upate the persons report? Now lets say they don't do anything (collection agency) what is the first step in getting them to deliver their promise to delete?

I would think that if you send them a copy of the paid in full and a copy of the pay for delete letter then they should be good to go with this. I would give it a shot anyway.

I would hope. Thats sems to be enough info and if they do not hold up their end then you can send the proof to the credit reporting agencies. I just was wondering does the debt collector have to validate to the reporting agenciy that they agreed to this? You know how it is always their word over the debtors.