Hi,
I am currently dealing with a particularly tricky collection agency. I received a letter on 22nd May regarding a settlement and I immediately sent them a debt validation letter. They signed for the letter on 28 the May, and I have proof of delivery via return receipt. I received a letter from them dated 6/1 that stated they were sending information that would validate the debt. All I received was a transaction history list with nothing more than transaction amounts. No where on this list is there a running balance nor is there a total. They didn't send any information regarding the purchase date of this account, a statement of ownership and they didn't even send proof of a legit statement from the original creditor.
I have kept every contact letter with the supposed OC and the CA. I want to get this dealt with in the best way possible but I am at a loss as to whether I should send another letter to the CA and attempt to get further validation or if I should dispute with the CRA.
Another thing about this account--I disputed it with Equifax in March. Three days into the dispute the CA verified the account and yet they sent me nothing more than a transaction history. Is this a violation of the FDCPA or FCRA?
I am at my wits end and I need advice!
Dealing with a collection agency
Hi Aaric,
This is not proper debt validation. As per the Fair Debt Collections Practices Act, the collection agency will have to provide you with proof that they have bought the debt from the creditor as proof of the validation. Other than this they are required to provide you with copy of the original signed contract, and the total amount of debt. If they do not provide you with proper documents, this is a violation of the FDCPA.
You can send another certified debt validation letter to the collection agency, mentioning that they did not validate your debt properly, and that they are supposed to provide you with proper proof that you owe this debt. You can use the sample debt validation letter available with this community.
If they fail to properly validate this debt, you may dispute this item with the credit bureaus.
Thanks,
Aaron
what is certified mail
Hi Aaron,
What is certified mail? Are there any advantages of sending letters through this? And as mentioned in the debt validation letter, are the collection agency supposed to provide me with all those details?
certified mail
Hi Aaric,
Certified mail is the one through which you come to know whether or not the person to whom you have sent the letter have received it. It gives you the proof that the collection agency has received the letter. The return receipt is returned to you. The colelction agency after getting the letter signs this return receipt, and returns it. Through this you can retain the proof that you had sent the letter.
Thanks,
Aaron