You are going to write a letter asking them to validate that the debt in question is yours. Tell them that they are incorrectly reporting negative information to the credit bureau that isn’t yours and demand that they provide proof that the account is yours via signed contract with your signature on it. The reason you need to deal with them by mail is because most of them have your information stored on a computer so in most cases they won’t be able to provide you a copy of the original contract. Having your information on a computer is called evidence of debt, not proof of debt. . The first legal step in dealing with the collection agencies should be the ‘Debt Validation’ method. Debt validation is a federal right granted under the Fair Debt Collection Practices Act (FDCPA). The procedure begins with ‘initial communication’ from the creditor in the form of phone calls, written letters or, even summons to appear in the court. Then within a period of five days they must notify in writing, the debt validation rights of the concerned person. . A collector might file a lawsuit after the time for filing a lawsuit has passed but if you know your statute of limitation, you should be able to dismiss such suit. If such collection is beyond the time limit for a lawsuit, you might choose to contact the collection to negotiate your debt or ignore the debt. If you choose to negotiate your debt, you should know that as long as your collector knows that you are aware of the SOL, he is willing to settle on what amount you are offering. If you choose to ignore the debt, after the period of reporting limit, the debt would have no effect on your credit report. . A verified name and address will not provide the evidence that you owe money from someone after all. There is no account validation process required in a debt verification letter. The prevalent harassment in the debt collection industry would still be possible. Given that, this verification letter is not an element in learning how to dispute a debt. .
These letters of credit should always be sent by certified mail for future record. Letters of credit are of different types depending upon the use you need to put it in. The most important among them are the intend to sue letter, debt validation letter, letters to remove unauthorized hard inquiry from your report, pay for deletion letters, letter for account re-aging request, cease and desist letter and dispute letters to the credit bureaus to name a few. A letter of credit is in some way or the other related to removing the incorrect negative listings from your credit report thereby improving your credit score. . Hoping you just don’t answer your summons and win that Default and come after you. They will send Interrogatories around to the banks in your area until that one bank send it back saying YES John Doe does have an account here. Or a Garnishment Hearing appears in your Mailbox which you DO HAVE to show up for. So, now these guys got your bank account frozen for the 5k you owe them plus they’ll take a chunk of your weekly pay check. . The Outcome of Validation – Per the FDCPA, if the collector has not reported your debt to the credit bureaus they are not allowed to do so until they provide validation. And if have already reported and are unable to validate the debt they must cease collection efforts and stop reporting. Following Through – Debt validation is a powerful credit repair tool which, in most cases will produce excellent results. But you should also be aware that legal precedent defining the obligations of the collector is inconsistent. . did you ever receive anything in the mail from the Junk Debt Buyer showing you that they legally now own this default account That is called the Assignment. Well, these guys will claim that they sent you a copy of that Assignment when they bought the account off of whatever bank. You need to think, is this it Just a few paragraphs and you want me to pay you 5000. 00 because you say so – Where is the proof of Assignment Meaning show me that you have the right to collect this debt. .
One should be cautious about the fact that it is not applicable to all types of debt. Collection agencies that use illegal methods to extricate the entire amount owed by the defaulter, should be wary about the fact that the victim may have a fair idea about So – L, and any unlawful attempt made by the agency may back fire. Filing for bankruptcy is never a good idea to deal with creditors of unsecured debts. There are a few effective legal alternatives to eliminate your debt or, even reduce it to a considerable extent. . From Discomfort to Opportunity – There is nothing pleasant about receiving a collection letter. But there is a powerful credit repair technique, known as debt validation, which can turn your discomfort into opportunity. Like most credit repair techniques debt validation should be done carefully and only in circumstances conducive to success. Your Rights – Debt validation is the right to challenge a debt and receive written verification of a debt from a debt collector. . In reality, a cease and desist letter should probably only be used once a debt has been validated. Often, third party collectors will ignore the law and continue to contact you andor report a debt even after they fail to validate it or receive a cease and desist letter. That means they can be vulnerable for thousands of dollars and there are a number of lawyers willing to take them on. Believe it or not, the law is on your side once you understand how to utilize it to your benefit. . When asking for validation, request the name and address of the original creditor, the amount owed, how they came up with that figure, and most importantly proof that they now own the debt. A collector can not pursue collection efforts when you have requested validation until they have complied with your request. If they can’t or won’t comply they must cease all collection efforts and can’t report you to the credit bureaus. The credit industry is largely a fraud based on the willingness of the average person to believe propaganda. .
So, if you’ve received collection letters, take a deep breath, and let’s look at some of your options. Read the Letter Carefully – The first think you’ll need to do is read the collection letter carefully. Is the debt collector really looking for you, or have they accidentally sent the collection letter to the wrong address Do they clearly state whom they are and that they’re trying to collect a debt Do they give you contact information so that you can either phone them or write them in response – Make Contact – The worst thing you can do is avoid a debt collection agency, because many times, they’ll be allowed to take your silence as consent that you owe the debt. Instead, you’ll want to make contact with them and ask them for a debt validation letter. . oDebt validation letters. oLetter for removal of hard enquiries . oPay for delete letter – Letters of credit may be sent to a creditor in order to eliminate a felonious account from your report. There are certain accounts that cannot be removed even with letters of credit. . What happens after the 30 days – Once your letter is received and the 30 day period is through, you should expect to get a response from the agency. They will either provide you with verifying or validating information, or they will simply provide you with a new copy of your credit report with the necessary changes. Is there a down side – While dispute letters can be useful in getting mistakes removed from your report, they can create problems in certain situations. For example, if you dispute a debt that is still within the statute of limitations in your state, there’s a chance the party you’re disputing with can take you to court and try to get a judgment against you. . It is an agreement with the creditor by the borrower by which the creditor promises to remove the negative listing from your credit report once the debt has been paid in full. Dispute letters with the credit bureaus A dispute letter is sent to the credit bureaus if you do not agree with certain negative listings in your credit report. When you send a dispute letter to the credit bureaus, the credit bureau verifies the listing with the creditor, and if they find the listing incorrect, they remove it from your credit report. Cease and Desist Letter If you find any debt collector disturbing you continuously over phone for collection of a particular debt which you do not owe, you can send a cease and desist letter to the debt collector. .
Now that you know what a debt validation letter is use it against them and stop them in their tracks. It can be pretty scary to walk to your mailbox and find a collection letter from a debt collection agency. But the truth is, because of the Fair Debt Collection Practices Act, you have more power in the situation than you might think. For instance, did you know that you actually get to control how the debt collector speaks to you – even in what format What’s more, the debt collector must prove to you that the debt is really yours before they can even begin their collection efforts. . In all cases, the documentation should be clear and provide definitive proof of the collectors claim. Say Goodbye to the Collector – What happens if the collector cannot (or does not wish to) provide the documentation that you request If they can’t comply. they can’t collect, they can’t contact you, and they can’t report the collection to the credit bureaus. An Important Note – Our credit repair clients occasionally express concern that if the collector is pushed too hard they will send a summons and attempt to get a judgment. . A verified name and address will not provide the evidence that you owe money from someone after all. There is no account validation process required in a debt verification letter. The prevalent harassment in the debt collection industry would still be possible. Given that, this verification letter is not an element in learning how to dispute a debt. . Creditors can be avoided by taking advantage of the ‘federal and state debt collection laws’ which protect the consumers from offensive conduct of debt collectors. Negotiation with creditors is welcome if there is even a little income flow or, small assets that can be sold for funds. Non profit credit or, debt counseling agencies can help to design a suitable repayment plan on behalf of the distressed defaulter. One should always evaluate his or, her assets and existing bank balance while taking loans or, hoarding up on other forms of debts. .
There is a legitimate stipulation set by the laws that under this Act the creditors and collectors are compelled to certify every alleged collection with corroborative evidence when the request for validation is made. Not until the creditor or collector has completely certified your account, can they continue to collect any amount from you. Therefore a debt validation letter can protect you from the pursuing allegations of your creditor or collector. A debt validation letter is a grueling requirement on the part of your creditor or collector. . A verified name and address will not provide the evidence that you owe money from someone after all. There is no account validation process required in a debt verification letter. The prevalent harassment in the debt collection industry would still be possible. Given that, this verification letter is not an element in learning how to dispute a debt. . And if the debt collector knows that you understand your rights – and aren’t afraid to defend them in a court of law – he or she will more likely to abide by the laws that govern debt collection agencies. The Letter of the Law – The correct way to respond to a collection letter is with a written request for debt validation. This is your right under the Fair Debt Collection Practices Act (FDCPA), and if done in a timely and correct manner can produce fantastic results. Validation of debts 15 USC 1692g (b) “If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. . The Outcome of Validation – Per the FDCPA, if the collector has not reported your debt to the credit bureaus they are not allowed to do so until they provide validation. And if have already reported and are unable to validate the debt they must cease collection efforts and stop reporting. Following Through – Debt validation is a powerful credit repair tool which, in most cases will produce excellent results. But you should also be aware that legal precedent defining the obligations of the collector is inconsistent. .
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