Can a debt collector report and collect during, and after my request for validation of debt?

Question

A letter on 2/2 was mailed to me from a debt collector claiming I owed a debt from 2012. It stated the current creditor, account number, service date, and amount due. It also stated that I have 30 days to dispute the validity of the debt and if I do so they will obtain verification.

So on 2/12 I mailed via certified dispute and request for a validation. They received it and it was signed for. 30+ days later they have not provided me with validation of debt. During this time, I have received missed calls from them and they have continued to report to my credit reports which I was under the impression during a validation of debt request that they could do neither.

I called them today (recorded it) and brought to their attention my timeline and inquired about my validation of debt request and dispute. The collector told me the letter I received on 2/2 with just the creditor name, service date, and amount due was a validation of debt. The letter included statements saying that if I dispute the validity of the debt they would obtain verification and mail it to me. I explained that within 30 days of receiving the letter I disputed it and requested verification. She informed me that they requested an itemized form from the creditor and the creditor should have mailed it to me.

If they fail to validate the debt, they are not legally allowed to collect, sue, or report to your credit reports? Do I have a case if I were to sue them? Can anyone shed some light on this for me?

Answer 1

yes

Answer 2

to validate a debt requires them to supply

when it was incurred, what it is for (an account, including any added charges ) and who it is owed to.



without all this you are entitled to ignore them



The people wanting you to pay are required to supply this.- If they are debt collectors then its their job to get this info and supply it to you, NOT the original creditor



They can sue anytime they like, but if they sue they will have to supply this info in court



my advice- NEVER phone them or accept calls from them - If they call just tell them to write/email cos you refuse to discuss it over the phone then hang up. Do NOT enter into any discussion at all . IF they contact you just email or write that until they supply evidence to validate their claim you will regard any further contact from them as harassment



ALWAYS email or write to them (date and keep a copy of letters /emails and any reply they send you (I cannot emphasise this enough)



1) emails/letters are evidence that can be referred to weeks/months/years later



2) when you write you can take your time and think about everything you want to say so you can check you aint saying anything you shouldnt ( like acknowledging you owe them money by offering to pay by installments - NEVER offer to pay even a dime) . You are not distracted by what they say like when talking the phone



you may notice that whenever they want to tell you something they will ALWAYS write - but then ask YOU to phone THEM maybe to discuss it - DONT .This is cos they will have said exactly what they wanted to say and will have a copy of it. But they are asking you to phone them cos they are hoping you will say something you shouldnt and their conversation will be trying to provoke you into saying it



emails/letters YOU control what YOU say, phone call THEY are trying to control what you say

Answer 3

KEEP YOUR MOUTH SHUT



STAY OFF THE PHONE



And stop with the bullsh!t you read about disputing and validating when you know good and well you owe the monies and those letters and all such just make a creditor take you to court faster.



If you owe a lot rest assured they are well aware of your states SOL on COLLECTING and you may get a summons any day.



PS the actual time it can stay on your credit report is 7.5 years not 7

Answer 4

I can shed some light on it. Are you making this up as you go along? You did not say you disputed the debt and if you were disputing it, you would not be asking for validation. At first, you only said you requested validation. Later on, you added to that and said you also disputed it. Why ask for validation then? Why would you care if the debt is not yours? Regardless, they have a right to attempt to collect in just about any way they can and, if they cannot collect, they will turn the matter back over to the creditor, who will likely sue you. When you are sued, during the discovery process, you are entitled to validation.The collection agency does not have to provide it to you and, if you question the amount, you have good reason not to pay, until you know what you are paying for. However, if it is only the amount in question, you should be "communicating" with them about it, not just disputing and/or asking for validation.

Answer 5

" The collector told me the letter I received on 2/2 with just the creditor name, service date, and amount due was a validation of debt."



She lied to you (surprise!)



You have the record of sending them the certified letter, right? Go get a lawyer, get him/her to write a cease and desist letter to the assholes, and also state if they continue reporting this debt to the credit agencies you will be taking them to court for slander.



That should be the end of it. Probably not, but you can hope.