The documents that the CA is required to provide

Submitted by Anonymous (not verified) on Mon, 08/09/2010 - 02:55
Forums
Credit repair

Hi,

I had sent a standard debt validation letter to a CA about a couple of weeks ago by certified mail with a return receipt. I received the return receipt one week later. However, yesterday I got a response from them (they sent it standard first class mail. It is just a sheet of paper (their letterhead) and this is what is says:

"Pursuant to your request this letter will serve as validation of the account.

Original Creditor: HSBC Bank Nevada, N.A.Orchard Bank
Original Creditor Address: P.O. Box 17915 San Diego, CA 92177-7915
Original Acct No.: XXXXXXXX
Current Balance: $858.79

This letter is an attempt to collect an unpaid debt."

First of all, if this is for a Mastercard or Visa credit card shouldn't the account number be 16 digits? A couple of years ago I had two three MC and VISA cards that I couldn't pay due to loss of job. So, I know I may owe this. But, even if this debt is mine this BS letter they sent with no copies of statements or any proof that they are even authorized by the original creditor to collect this debt doesn't prove that the debt is valid.

What should my next step be? Is this sufficient proof enough that validate the debt as per FDCPA? Aren't they required to provide some concrete evidence in the form of documents from the OC.

Thanks for any help

Aaron

Hi Ethan,

"Pursuant to your request this letter will serve as validation of the account.

Original Creditor: HSBC Bank Nevada, N.A.Orchard Bank
Original Creditor Address: P.O. Box 17915 San Diego, CA 92177-7915
Original Acct No.: XXXXXXXX
Current Balance: $858.79

This letter is an attempt to collect an unpaid debt."

and

What should my next step be? Is this sufficient proof enough that validate the debt as per FDCPA?

If you have received no other documents with this letter, then this is not proper validation of debt. You can send them another debt validation letter stating that the previous letter was not a proper validation. Send this letter through certified mail, requesting a return receipt.

When you get back the return receipt, send dispute letter to the credit bureaus. The credit bureaus will then notify the collection agency (CA) about verifying the debt within 30 days. If the CA fails to do so, the item will get removed by the bureaus from your credit report. However, here's the twist. The CA can't verify with the bureaus before validating it with you. This is known as the 1-2 punch.

Aren't they required to provide some concrete evidence in the form of documents from the OC.

Yes, the CA is supposed to send you the copy of the original contract with the creditor which you had signed, copies of the monthly statements to prove the outstanding debt amount you are required to pay, and the proof that they have the authority to colelct on this debt.

Thanks,

Aaron

Mon, 08/09/2010 - 06:54 Permalink
Ruthie

Thankyou, I never knew that they had to send you proof, all i ever get from them is a 50% off settlement letter. These people should be put out of business, for in my book it's harrassment. They have refused me validation three times. There own atty. tried a judgement on our house two years ago and I disputed it with the court house, and I haven't heard from there attys again. Its really getting old because there ins. paid these debts off in 2005. This is already 2010 you think they wouls stop harrassing me. Ruthie

Tue, 08/10/2010 - 02:01 Permalink
Aaron

Hi Ruthie,

You need to provide more details on your debts. However, if any collection agnecy is harassing you without validating the debt, you can file complaints with the Federal Trade Commission.

Thanks,

Aaron

Tue, 08/10/2010 - 07:31 Permalink
Ruthie

I recently had my house foreclosed on because I was 9 months behind in my mortgage payments. There was a sheriffs sale on Friday, Feb. 8th, 2013. It was on the list and when I checked the rollovers for the next sale it was not on that list. How can I tell whether this property was indeed sold, and how much it was sold for???I am on disability and have been since 2005, and my husband is my rep payee on my SS money. I had to move in with my son when we separated and I thought that he was still managing the money, but it turns out he wasn't. I do have legal or notarized papers saying how long we have been separated its been almost 3 years now. My question is am I still legally responsible to pay this if there wasn't enough money to clear the debt? and will this be on my credit report??? Thanks Ruthie

Sun, 02/10/2013 - 18:02 Permalink
Ruthie

Also on my separation agreement it shows that he was responsible for this debt 100%. Please help me resolve this, any help would be appreciated.Thanks Ruthie

Sun, 02/10/2013 - 20:33 Permalink