Question about Debt Validation

[joeyb5980]

What is the name of your state?WV

My Discover card has been placed with Encore CA, and last month I made a payment of $50 to them. I am supposed to make another payment of $50 to them this month, and again in January, and then settle in Feb. (w/my income tax return money). My question is, I never sent them a debt validation letter, but I would like to. Is it possible for me to do this after I have already sent them a $50 payment (it was a moneygram, so they don't have any of my account information). Did I blow my opportunity for DV by sending them a payment first? Thank you for any information, and Merry Christmas to each of you!

[ihatearizona]

You can request validation at any time.

[caliber]

Formally respond to the intitial CA demand letter, which should have the 30-day "validation" clause: "If you dispute..." If they respond with a billing statement(which they probably will) it is not verification of the obligation. They use this tactic whenever they respond. The billing statement should then be rebutted and rebutted again. As for your payments you might want to write "under protest" on the check memo line to preserve your rights if it gets nasty later on. Good idea in using a money gram but did you reference your acct no. on the instrument?

[joeyb5980]

Thanks for the helpful replies! I appreciate your advice!

[joeyb5980]

I am sending a DV letter to this company now. Since I have sent the $50 payment already last month, I have added that to the first paragraph (see bold text below). Does this sound good???


This letter is being sent to you in response to a notice sent to me on November 5, 2004. 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. I have already sent you a moneygram in the amount of $50.00 on November 30, 2004, which illustrates my intentions to act responsibly towards my financial obligations

Thanks for any opinions :-)

[ihatearizona]

I'd leave it out as it isn't relevant to the DV.