HELP-DEBT VALIDATION considered "frivolous" by Applied Card Bank?

Question

I recently asked for a debt validation on a charged off account and have previously disputed it with CRA's and still state it's valid. What I wanted to pin point was the date of delinquency and amount said paid on last payment. Wrote a debt validation letter sent certified. Got a response from the company stating that the information I want is "frivolous" according to Federal regulations because I have failed to prove sufficient information. Letter claims I seem to be working with a Credit Repair Agency, which I have not been and claim the money I am giving them could go to settling the debt. HAHAHA. Just trying to validate the supposed amount owed and who owns it, since Ive been getting collection notices from some other company. ANYONE WITH SOLID ADVICE?

Answer 1

I agree, it's a stall.

Without knowing if you sent the DV within the first 30 days from their first contact, if you saw the account being listed on your credit reports, etc., you might read over the following letter and if it suits you, make it your own to send back to them.

Use italic font, for emphisis, on everything I've marked with quotation marks.

Put your own info in with anything I've marked with <>


Your name
Your address

Their name
Their address

Date

Greetings,

Regarding the letter you mailed on in response to my validation request, which was received and signed by on , concerning the account

The Fair Debt Collection Practices Act clearly states that I have the right to request validation (as differentiated from "verification") as per 15 USC 1601 sec. 809.

Your erroneous opinion that I have retained the uses of a CRO or that my validation request as being frivolous is in itself irrelevant. The nature of my request has no bearing whatsoever upon the law's requirement that you provide the information requested, and refusal to comply would constitute a violation of 15 USC 1601 sec. 809, as well as additional State and Federal laws, if/as applicable.

In short, your opinion of my request does not absolve you of the legal requirement to comply.

Regarding your request for information, 15 USC 1609 specifically states that "you" must provide "me" with validation of your claim, not that "I" should have to provide "you" with validation.

I have already provided information as regarding your claim, which should be sufficient for you to find your internal information regarding the account in question. If you cannot find records for the account based on the information I provided, that constitutes "prima facie" evidence of a lack of validation on your part as per 15 USC 1609 sec. 809. That in turn would mean your claim is at best incorrect and at worst fraudulent, and any subsequent collection efforts on your part would be patently illegal. If this proves to be the case, I reserve the right to seek legal remedies as per applicable Federal and State law.

I look forward to your response to my validation request.
If you cannot provide documentation for the alleged debt, I look forward to your response that you are terminating the account and ceasing any and all collection efforts, including but not limited to, the removal of any and all tradelines, or other details, that you may have placed on my credit reports.

I am requesting that validation be provided by you within 15 days of your receipt of this letter.

I am requesting that no telephone calls be made to my home or place of business as it is inconvenient to me. That all future correspondence from you be made in writing and sent by USPS to the address noted above.

Sincerely,




edit++++
oops, hit the submit button before I was done (d'oh)

If you did not send your first DV within the first 30 days, that means that they do not have to cease collection activities until they validate with you - if you did send it within the first 30 days they do have to cease collections until they validate.
If you sent it outside of the first 30 days, they do not "have" to validate, but they MUST mark the accounts they are reporting on your credit reports as being in dispute.

When you get the green card back from your second letter, send your disputes to the CRA's.

To quote part of your post:
[quote]Letter claims I seem to be working with a Credit Repair Agency, which I have not been and claim the money I am giving them could go to settling the debt[/quote]

That statement "could possibly" be considered a violation - attempting to collect "in" a validation request response.
If you have plenty of documented violations on them and decide to sue - include that with the other violations.

Answer 2

Resend the letter...they do this as a 'stall tactic.