Re: CA ATTEMPTS VALIDATION AFTER THE 30DAYS

Posted by Drew (24.59.27.46) on January 09, 2004 at 15:06:44:

In Reply to: CA ATTEMPTS VALIDATION AFTER THE 30DAYS posted by nelsh on January 09, 2004 at 14:58:13:

No it is not illegal for them to attempt to provide you with proof of the debt after you requested validation even if it took almost a year. Is it the same CA that provided you proof with that you requested validation from? If it is, they still have your account and they tried to fulfill your request. Sometimes it is not easy to find the paperwork.

Now the next step is to determine if what they provided was actually validation or not. For validation, they need a signed contract or application with your signature on it showing that you opened the account. They also need some accounting of the charges and the payments made. It would also help their case tremendously if they had copies of canceled checks where you made payments on the account. If they have all this and the account is still within statute of limitations, they can take you to court with their validation and probably win and get a judgment against you.

The only thing that the FDCPA rules is illegal is for them to contact you again after you requested validation when THEY HAVEN'T VALIDATED. If they have validated as you requested, they have the legal right to pursue collection activity. You also have a right to send them a cease and desist letter telling them not to contact you by mail, but if you are still within SOL, they will take it as a refusal to pay and sue you.

You need to check the last payment date and your states SOL to see if you are in danger of being sued. If you are, you might try and negotiate a payment plan or settlement offer because you might not have any other choice.

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