what to do after receiving an inadequate debt validation letter
Date: Wed, 08/08/2012 - 16:06
I'm a newbie. Thank you in advance for anyone who can help me.
I recently received a letter from Leading Edge Recovery Solutions in Chicago indicating they are willing to settle a debt of approximately $1600 for approximately $800. I sent a debt validation dispute letter (within 30 days of the collection letter) requesting they answer 8 questions (listed below).
1.What the money you say I owe is for;
2.Explain and show me how you calculated what you say I owe;
3.Provide me with copies of any papers that show I agreed to pay what you say I owe;
4.Provide a verification or copy of any judgment if applicable;
5.Identify the original creditor;
6.Prove the Statute of Limitations has not expired on this account;
7.Show me that you are licensed to collect in my state; and
8.Provide me with your license numbers and Registered Agent.
The Collection Agency did not reply. They forwarded my validation letter to the credit card company (Cap 1). The credit card company answered within 30 days and answered 3 of my 8 questions: the amount owed, the original creditor as the letter was directly from the credit company and they say I opened the account online. Hmmm.... really? Show me something with my signature on it.
A few questions arise:
1) I thought the CA is supposed to answer these questions. What happens when they themselves do not answer?
2) What happens when all of the questions are not answered - leading me to believe they don't have proof the debt actually belongs to me.
3) What letter do I send next?
4) Does the follow-up letter have to be within 30 days CAP One's reply?
4) If a collection agency is attempting to collect a debt - valid or not - then the original creditor no longer owns debt, right? How can both companies attempt to collect?
Thank you so much for your help!
You obviously have not read the FDCPA in regards to what is requ
You obviously have not read the FDCPA in regards to what is required when validating. And thus you copied one of the worst letters on the web...and on this site. I have been asking repeatedly for them to delete this letter.
http://www.debtconsolidationcare.com/settlement/writingaproperdv-disputeletter.html
The creditor is Cap One?? DVing a Cap One puts you one step closer to being sued. Cap One places accounts with third party collection agencies...DV them and as a general rule, the agency will close and return. You can simply call Cap One to verify placement.
Collectors are not required to tell you, upon request or not, if
Collectors are not required to tell you, upon request or not, if they are licensed to collect in your state.
Yes, it is Cap One. Why would sending them a debt validation le
Yes, it is Cap One. Why would sending them a debt validation letter spark them to sue me?
Why aren't they required to tell me they if they licensed in my state? Not licensed in my state sounds to me equals scam.
Thanks!
If you read the link in my original post, there is nothing in th
If you read the link in my original post, there is nothing in the FDCPA that requires them to provide you this information. Hardly a scam.
Cap One assigns the accounts to collection agencies...they dont sell them. DVing, although your legal right, shows you to be a difficult debtor and Cap One is very aggressive in collections and suing. Generally when you DV, the CA will close and return, not bothering to follow thru with the DV since it clogs up collectors inventories. Cap One can provide proof that you owe very easily but their view point, is why should they have to. You could have easily called Cap One to verify the placement. I
