Submitted VOD to Debt Collectors

Hi all,

I am new to the forum, so hi.

Recently, I've been more and more interested in fixing my credit. I'm passing that take-no-responsibility phase and wanting certain things in my life in order.

So less about that...

I recently pulled my credit and certified mailed 5 debt collection agencies a VOD letter. Basically just asking for validation that I owe the debt, signed contracts, etc. I sent these out about the end of November and received all 5 green signed slips from USPS.

I have yet to receive any word whatsoever from any of these places. One of them called my phone and hung up right when I picked up, and that's it. I haven't received anything back from them, not even confirmation that they were looking into it.

Now, seeing as it has been over 30 days since I sent the original letters, and I gave them ample time to prepare anything they needed and mail me back, I sent them 5 more letters. This time I didn't send them certified mail because I didn't want to spend another $25. I will resend or send another letter certified if that's what I'm told I need to do. The letter included a copy of the signed receipt of the original letter, a copy of the original letter, and a new letter stating that I've given them ample time to respond and that I will file suit if the negative marks are not removed immediately. I sent these out about a week ago, so they should have them by now.

I have also disputed all the debts with the credit agencies online and they have "validated" the debts through the collection agencies, but I doubt they actually validated anything.

Now my question is this... what do I do? If I provide the credit agencies proof that the collection agencies didn't validate for me, will they remove the negative marks? I threatened to file a lawsuit, but I read that you need to file in the state that the collection agency resides in. I am in California and many of them are out of state.

Please let me know what I should do next.

Thank you very much,

-Phillip

Anyone? Anyone??? Bueller? Beuller????

[idknow]

Originally Posted by atawmic

Anyone? Anyone??? Bueller? Beuller????

LOLOLOLOLOLOL
rofl!

[idknow]

Originally Posted by atawmic

Hi all,
[cut]
Please let me know what I should do next.

Thank you very much,

-Phillip

Well, i'm still not up on all the debt stuff, so I can only parrot what i've read:

search for debt here

check out the downloads section

see the sitemap button at the bottom of the page for quick access to all the threads

[mrg]

Originally Posted by atawmic

Anyone? Anyone??? Bueller? Beuller????

Were the collection agencies harassing you by phone before you sent the VOD?

If so, did they stop afterwards.

I am in Illinois, and I Cc the state Attorney General, and the state Auditor General.

The Attorney general here most often sends a letter along with a copy of what I have sent them to the debt collector, and most often the debt dollector will write the Attorney General back saying they have closed account and sent it back to the original lender, and will cease all collection activity.

The Attorney General then send me a copy of what she gets back from the collection agency.

This process can take a while before I hear back from the Attorney General.

For myself, I spend the FRN's and do everything certified mail w/ return receipt, and make sure everyone knows what return receipt number has gone to whom.

Are you sure your VOD's were worded correctly?

Read and study the Fair Debt Collection Practices Act, in fact, I downloaded it and keep it by the phone and quote it appropriately to anyone who calls that does not hang up.

I also will call them back to get a street address and a non-tollfree office phone number and the name of their attorney, and bonding company.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Read and study Kitchie:
http://www.suijuris.net/forum/showthread.php?t=6074

Go to Downloads and under "most popular" read and study everything in "Jersee's VOD"

Originally Posted by atawmic

Now my question is this... what do I do? If I provide the credit agencies proof that the collection agencies didn't validate for me, will they remove the negative marks? I threatened to file a lawsuit, but I read that you need to file in the state that the collection agency resides in. I am in California and many of them are out of state.

Please let me know what I should do next.

Thank you very much,

-Phillip

Welcome to the forum. From what I read, you have already asked for validation so you're half way there. If you read and study previous posts here, you'll discover that the CRA (credit reporting agencies) play dirty games
all the time.

Removing negative marks from a credit report takes time and effort. From my experience, it all depends on who's trying to collect and how many times the alleged debt is bought and sold.

Thank you for the replies! I was losing faith and it's discouraging seeing the view number rise and the reply number sit at 0.

Alright, I'll paste the letter I sent below, but I want to ask a few questions up here first so they don't get lost below the letter.

1) If a debt is being double reported on my credit report, IE the original creditor has "charged if off" and now shows it as a 0 balance, and the collection agency is also reporting it, what can I do about that? Reporting the same debt twice is ridiculous. I've disputed online a couple times and they will not remove or merge them into the same listing.

2) I guess my questions are what will end up happening? Is this a lost cause? Will they never end up doing anything until I take them to court/pay them?

3) Is it easy to negotiate a payment for complete removal from your credit file? Ie, I pay it and they remove all record that it ever existed?

Thank you all kindly. Letter below:

November 22, 2005

Me
My
Address Here

Associated Recovery Systems
P.O. Box 469046
Escondido, CA 92046

Re: Acct # XXXXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on November 9, 2005. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:


• What the money you say I owe is for
• Explain and show me how you calculated what you say I owe
• Provide me with copies of any papers that show I agreed to pay what you say I owe
• Provide a verification or copy of any judgment if applicable
• Identify the original creditor
• Prove the Statute of Limitations has not expired on this account
• Show me that you are licensed to collect in my state
• Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Best Regards,

<My Signature>

My name


This letter was taken from: http://www.creditinfocenter.com/rebu...lidation.shtml

Originally Posted by mrg

Are you sure your VOD's were worded correctly?

All that's needed is that the alleged debt is being disputed and proper validation is required per FDCPA.

Originally Posted by atawmic

1) If a debt is being double reported on my credit report, IE the original creditor has "charged if off" and now shows it as a 0 balance, and the collection agency is also reporting it, what can I do about that? Reporting the same debt twice is ridiculous. I've disputed online a couple times and they will not remove or merge them into the same listing.

2) I guess my questions are what will end up happening? Is this a lost cause? Will they never end up doing anything until I take them to court/pay them?

3) Is it easy to negotiate a payment for complete removal from your credit file? Ie, I pay it and they remove all record that it ever existed?

I have a similar situation with only one of the CRA's. You'll find out that one or two of the CRA's are more efficient at responding to your requests.

You might consider both options depending on the amount of the alleged debt. I've received offers of up to 80% discount.

[mrg]

Originally Posted by PJT04

All that's needed is that the alleged debt is being disputed and proper validation is required per FDCPA.

Live and learn.

Thanks.