What to do after collector refuses to validate the debt? 3 options.
HTML-код
- Опубликовано: 18 май 2021
- 1. Sue for lack of validation (tough to do) under Section 1692g.
2. Sue for failure to mark your credit report as disputed under Section 1692e(8).
3. Send a cease communications (refuse to pay) letter under Section 1692c(c) since the collector did not send you the requested documentation.
Thanks for watching!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamaconsumer.com/
www.alabamaconsumer.com/conta... (to send us a message)
Our free weekly webinar is here -- my.demio.com/ref/ZHxa8NhYRNAp... -- Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
God Bless You, Thank you for what you do 🥰💖🙏
Blessings to everyone who is going through this nightmare, may you win your disputes and law suits.
CC coming right up! Thanks John.
I just finished my case so I'm getting caught up and I'll be able to be at credit con so hopefully see you then!
Yeah rumor has it youve been a busy bee!!! See you in a few weeks.
Great knowledge & professionalism!
Thank you!
@@johngwatts You’re welcome!
Best thing to do is tell them you agree to pay the said amonnt of monies, after you receive the certain documents, however if you cant send them then there is no proof of debt. By saying this that tells them your not refusing to pay and its up to them now. If they cant provide proof then there is no debt. By doing this this removes any contrevsay, and this puts the debt collector into a corner.
Thanks!.... Sue em...
:)
I believe you covered this on the webinar but don’t recall your response….if you send the debt validation (collection company) but they send a payment sheet with no other supporting documents as per the request for full debt validation. Also note the response has a former name from over 15+ years ago and the debt is older than 7 years (I believe) since I don’t recall having the account with original creditor.
1. Does this count as verifying or validating the debt?
2. If you verify the SOL is past and you send a cease communication or refuse to pay. Can they still sue since they assumed the debt 2 years ago but the debt is at least 7 or more years old?
I'm in Idaho. I sent a debt validation letter to an agency 80 days ago. They did not validate the debt but they are sending me judgement threats
I wish you were in Illinois, be glad your not. your videos are treasure trove of information. Im fighting Midland and my trial set for august 2021. i would hire you in a heartbeat. please keep up the great videos.
Hello John! Got a question or suggestion for future video. What if an elderly parent that can't take care of themselves gets sued by a debt collector? Example in a assisted living situation
My brother in law is dealing with this. Both parents died within 6 months and now they are coming after the kids
Great video! So, let's say they marked the account as disputed after the validation letter for 2 accounts (I received letter from you) but they haven't provided the requested documents (sent 3 statements for one account & ignored the other account) and just hasn't responded to ANY letter since then. What to do then? Also their statement at the bottom says "This is a debt collector but this is not an attempt to collect a debt" - SO WHY ARE YOU PARKING DEBT ON MY REPORT?!!! Ugh! lol
I haven't seen that language about not attempting to collect a debt unless the debt is discharged in bankruptcy.
So if you don't get the requested docs I would try the refuse to pay (cease communications) letter and see what happens.
Best wishes!
John
@@johngwatts it wasn't in a bankruptcy. In the letter you emailed to me you said the language was ceasing communication but they're still reporting it. I was wondering if it was nearing statute of limitations for CC debt (AL). But also, do you think I should go the CFPB route or directly through CRA's now since they ignored my request? This has been almost 4 months they've ignored my letters. (PRA)
What do you do if the bureau doesn't provide proof of validation?
Hey big an here in NYC send me please a "I am not going to pay you" template so I can get the ball rolling on this one with EOS CCA
Thanks! There is no real template -- if someone wants to do a refuse to pay letter it literally can be as easy as:
I refuse to pay you on any debt you claim that I owe.
Name
Address
DOB
Last 4 Social
Hope that helps!
John
Its actually improving i looked at it again today and it's getting better ☺ lol sorry im just panicking 🙂
I would ask the credit repair company you have hired to send you copies of the dispute letters. Most of the time they have no idea how to dispute actual errors and a warning sign is when the credit repair place will not send you copies of your own dispute letters.
So I would start there to make sure you are dealing with a legit credit repair place that knows what they are doing....
John
@@johngwatts ok thank you i will do that also do you have any attorney's in North Dakota you could recommend just in case I need one 🙂
Hello, I have a question .... a debt collector sent me a letter to an old address back in 2019. I found out I had this account in collections in 2020 when it reported on my credit report. However, the account deleted off my credit report a few days later. (after some research I realized they made an error by listing themselves as the original creditor). May of this year (2021), they reported the account again on my credit report, this time listing the "correct original creditor". Would this be considered like a "new" account since the last time they reported inaccurate information? Should they have sent me another letter before reporting this again, with different information? I called and was told legally they didn't have to ...
For medical bills do debt collectors have to send a physical or digital signature as proof of debt validation? I asked for proof and they have yet to send that, they sent something else
Hello im looking to do this with a childsupport case ive sent them letters and there has been no validation of the debt and they are fraudulently placing this on my credit report whats the best way to nail them since they do not have immunity from suit since theya re not government.?
If the debt collectors are saying they sent the documents but you haven’t received any of them do I have to go down there and pick the documents up or should I go down there or do I send another letter requesting the documents I need
What to do if they wont send it to you? Send an invoice for your time.
I've done everything you explained sent the communication to an attorney he sent it back saying there's nothing he can do with it I'm kind of stuck now
Hi John. i completed the form & submitted the request for the letter, but never received anything.
A collector had sent me partial information with documents including redacted parts. They also sent a promissory note with no signature or date. What should I do since an unsigned promissory note can not be enforced
First make sure your assumption is right about the promissory note. Did you sign the note? Agree to it? Just because the collector doesn't have it doesn't mean the debt does not exist. Check with a consumer lawyer in your state to make sure you know the rules there (sometimes it is surprising about this point).
Here is a link to help you find a consumer lawyer www.consumeradvocates.org/find-an-attorney in your state and also here is a video going over how to use the website ruclips.net/video/UNXO7qheGAc/видео.html.
Second, you can always go back and forth with the collector to ask for more info. Point out the unsigned promissory note etc. See what they come up with.
Best wishes
John
Can you recommend any credit attorney's in ND and SD states please 🙏
You can start with www.consumeradvocates.org/find-an-attorney and see if anyone on there can help you. If not, let me know and I'll see if I know anyone for whatever type of issue you have thanks!
John
www.alabamaconsumer.com/contact-us/
@@johngwatts wow you are already answering my next question 😇 wish I lived in Alabama I'd hire you 😌
But, they may go ahead and file suit in court....and the court will tell you to F off when you can't afford a lawyer...
If the collector owns the debt yes they can sue. That's where it is good to have laid a foundation of possible violations so you can have some leverage with the collector.
Also if you find a lawyer who knows how to defend cases AND sue collectors, usually there is a way to find violations with other collectors and sue them which can help you pay for the lawyer to defend you if sued.
No perfect solutions -- if you don't take steps with the collector they may sue you anyway.
John
@@johngwatts does no good when the courts tell you to F off, you have no rights>>FIND A LAWYER?????? legal aid are BIGOTS who refused to help me...if i could afford a lawyer, i would just pay instead....whats your solution to that? I need the legally required disability accommodation of EMAIL instead of phone calls, 3 legal aid orgs said they were too stupid to be able to email and refused to work with me in blatant violation of ADA and state law...and one org does very little...mostly just tells you how to rep yourself. I am too disabled to do that..>AND THE COURTS REFUSE TO EVEN DISCUSS ADA ACCOMMODATIONS...not only that, they scheduled the hearing for April 14, and secretly moved it 3/31....
@@110311DONTWANTCHANNE by law if a debt collection company violate your rights they have to pay your attorney fees you can definitely research that
So wait... the minute I say "I won't pay you, I don't know you, don't contact me again," if I didn't ask for validation, and they respond by validating, that is already a violation?
Yes if you told them that in writing. The law is pretty clear on what is allowed after a cease/refuse to pay (has to be in writing though) -- I'll copy it below.
1692c(c)
(c)Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except-
(1)to advise the consumer that the debt collector’s further efforts are being terminated;
(2)to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3)where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
@@johngwatts $$$ OH CHA-CHING. $$$ My attoney is a sly fox. Thank you again for connecting us!
@@johngwatts what if they try to sue you even after you have done this ?
what if the debt collector is not licensed in the state that I reside in?
It could be a problem - each state treats this differently. Some don’t care and some take it very seriously. Ask a consumer lawyer in your state and they can tell you if this matters in your situation. Best wishes! John Watts
🔥🔥🔥
I rcvd a debt collection letter but the debt is not on my credit report. i sent a validation letter but I did not hear back from them. should i still send the 692cc form stating no more communication?
So did you send the validation letter within the 30 day time period from the initial collection letter?
No response?
If so they should not contact you or do anything until they validate the debt. I would just wait and see what will happen as if they never validate they should either do nothing or get rid of the debt (transfer to another collector or back to creditor).
Obviously, you have to make your own decision as you know the facts but that's what I would consider doing...
Hope that helps!
Best wishes
John
@@johngwatts I did send it before 30 days. I find it strange that it's not on my credit report? I will do as you suggested and just wait. Thank you for your response
IF they put it on your report they have to mark it as "disputed" which they hate to do. So they are probably figuring out if worth it to respond to you or to send the debt somewhere else.
Keep me posted I'm interested. Also what's the name of the debt collector?
Thanks!
John
Need dispute template
Just watched the video
What if they do give it to you?
Then you use that information to see if you owe the debt, the amount claimed, and owe it to the collector or not.
I can say that they rarely give you what you ask for and when they do, it often is pretty contradictory to the amount they are claiming or the amount on your credit reports etc.
Hope that helps!
John
@@johngwatts can you resend them another letter and ask for more info?
can they resell debt?
Yes a debt buyer who truly owns a debt could sell it to another debt collector. If the collector only is collecting (i.e. not owning the debt) then they don't sell it they just transfer it back to the owner.
John Watts
Mr. John I sent the collection company a validation letter and their response was "WE HAVE RECEIVED YOUR COMMUNICATION REGARDING THE ABOVE REFERENCED ACCOUNT THIS ACCOUNT HAS BEEN RETURNED TO OUR CLIENT EMERGENCY MEDICAL CONSULTANTS
PLEASE CONTACT EMERGENCY MEDICAL CONSULTANTS WITH FURTHER COMMUNICATION"
What does that mean and what should I do next?
Thank you
Sounds like they did not want to be involved any longer and sent it back to the original creditor (medical group). I would contact the medical group and see if this debt is owed or did they mess up insurance etc.
Make sure the collector comes off of your credit report -- they should not be on there if they are no longer working the account.
I think this is good news for you!
Congrats and thanks for your comment.
John Watts
@@johngwatts Thank you so much for your response Mr. John. I have a couple of questions if you don't mind. If I reach out to the medical group and they sent my medical records for validation, does that mean they violated hipaa? Also, any tips on how I can get the collector off my credit?
Typically not a HIPAA violation as they usually don't send the actual records. Hard to sue under HIPAA (fed law) anyway. If the account has been sent back to the medical group, the collection account should be OFF of your credit report. If not, you may want to dispute with the credit bureaus and enclose the letter saying "we returned your account".
Hope that helps!
Best wishes
John Watts
@@johngwatts Ok thanks for all the help once again Mr. John
I got a letter from the lender asking for FTC report and proof of address after I submitted a validation letter to the debt collectors what do I do next? I don’t have a FTC report