I have asked for on two seperate occasions for a validation of debt on a credit card. Once was by telephone which I now know was the wrong thing to do. So I have since written them a letter and asked for a verification of debt. Tis was 3 weeks ago and I have still not received anything. What course of action do I have now? anything or am I still at their mercy? Thanks you!
It is my understanding that they have 30 days from the receipt of your letter to validate the debt. If they don’t, the debt is considered null and void. I’m not 100% sure on that, but I think that’s the way the law is written. Was that letter sent registered / certified, return receipt requested? If you can confirm they got it and what date (the little green postcard you get back from the post office with their signature) and you receive nothing within 30 days of that card, you should be home free!!!! Keep the green card, the receipt from the post office, and the online confirmation all in one place FOREVER.
Always refer to the Fair Debt Collection Act (link) when it comes to issues like these. And of course, the state statutes that apply; you may want to contact your state’s attorney general’s office.
The comments below are from the Susie Orman website, “Understanding your debt collection rights.”
Excerpt from above website:
“What if you think you don’t owe money to the Creditor? If you think you don’t owe the Creditor money, you must send the Collector a letter stating that you do not owe the money to the Creditor. You must send this letter to the Collector within 30 days of the date you receive the written notification of the Debt. (See What should a Debt Collector tell you about the Debt?) (15 U.S.C. § 1692g(b).)
You may tell the Collector not to contact you until you receive proof of the Debt. If you decide to do this, you must do it in writing.
Once you dispute the Debt in writing, the Collector must stop trying to collect money from you until you receive written proof that you really owe the Debt from the Collector. Proof should include a written document with your name, and the name of the Creditor and the amount you owe.
NOTE: This will NOT make the Debt go away. The thirty day period is NOT a grace period – it is just a period of time during which the Creditor must prove that you owe the Debt to the Creditor. (15 U.S.C. § 1692g(b).)
TIP: It may take the Collector a long time to get back to you with the proof you request. There is no time limit for the Collector to provide proof. If the Collector cannot provide the proof you request, it may sell the Debt to another company to try to collect from you. If this happens, repeat the above steps again until you get actual proof of the Debt.”