Re: getting paid charge-off deleted, can i request validation

Posted by CAK (66.140.213.153) on September 29, 2003 at 23:56:03:

In Reply to: getting paid charge-off deleted, can i request validation posted by jose on September 29, 2003 at 21:30:34:

Because you basically affirmed the debt by paying them something. I would send them a letter like this.

Upon further scrutiny, I believe this account to be in err as there is a question with regard to ownership of said account. Therefore I demand that you hold in escrow any and all monies paid with regard to disputed account. Further, I demand validation of this account per FDCPA Sec. 809 (b), so as to establish identity of the intended recipient. Be advised that all information that supports validaton must come from the Original Creditor. It will need to be in the form of a Line by Line ledger style accounting/itimized, along with supporting signature on Original Instrument used.

You can modify this letter to your situation. I've used this letter, to force validation after someone has affirmed a debt by making a payment. Depending on the age of the debt and the type of debt, the Original Creditor may not have any supporting validation at all. If they do not respond within 45 days, they will have violated Sec. 809 (b) and other provisions that come under sections 807, and 808. At this point you may have the leverage you need to zero out your debt with them.

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