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Validation theory is confusing......
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Posted by JerNTN
(24.158.147.91) on July 07, 2004 at 21:32:39:
The information on this forum is fantastic in helping some of us deal with our problems with debt/credit. However, there is something I do not quite understand. Alot of the posts suggest that once you receive written notice from a CA that you should not ask for validation UNLESS you dispute the debt as not being yours. It seems to me that if a CA informs you that you owe the creditor money that it would be best to call their bluff and ask for validation of the debt, i.e. a copy of the original contract obligating you to the debt as well as an accounting of all charges. For those of us who have recent charge-offs that are within SOL, it would appear that by requesting validation, the CA would be required to do so, according to the FDCPA. IF the CA owns the account and DOES sue, you could use the fact that they did not validate as a line of defense.....plus it buys time. IF you document your request for validation and the CA does not validate, it should help convince the court that the CA is fraudently collecting on a debt in which there is NO contractual agreement. Just food for thought......
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