Does this count as validation??

[captainmorgan66]

What is the name of your state? NY

I have been told that CC statements DO NOT count as validation....yet Mann Bracken is trying to use just that. I received a letter 1st class with 5 pages of CC statements *(all faxed pages not originals) and 5 pages of small print contract but nothing with my signature.
Aren't they supposed to supply something with my signature to validate my dispute?
I know I read somewhere that CC statements don't count as validation...so what do I do now? Do I send them another letter telling them this is not proper validation?

Thanks

[seniorjudge]

Originally Posted by captainmorgan66

What is the name of your state? NY

I have been told that CC statements DO NOT count as validation....yet Mann Bracken is trying to use just that. I received a letter 1st class with 5 pages of CC statements *(all faxed pages not originals) and 5 pages of small print contract but nothing with my signature.
Aren't they supposed to supply something with my signature to validate my dispute?
I know I read somewhere that CC statements don't count as validation...so what do I do now? Do I send them another letter telling them this is not proper validation?

Thanks

Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

[url]http://www.bcsalliance.com/y_debt_sol.html[/url]

[url]http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html[/url]


Validation letter samples you can get at :
[url]www.creditinfocenter.com[/url]
and [url]www.creditboards.com[/url]

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: [url]http://www.creditinfocenter.com/creditreports/[/url]

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

[url]http://forum.freeadvice.com/showthread.php?t=293829[/url]

[captainmorgan66]

Originally Posted by seniorjudge

Standard answer on expired SOL and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

[url]http://www.bcsalliance.com/y_debt_sol.html[/url]

[url]http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html[/url]


Validation letter samples you can get at :
[url]www.creditinfocenter.com[/url]
and [url]www.creditboards.com[/url]

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: [url]http://www.creditinfocenter.com/creditreports/[/url]

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

[url]http://forum.freeadvice.com/showthread.php?t=293829[/url]

Yes but your standard answer DOES not answer my specific question. It just tells HOW to send a validation letter, which I have already done. There is nothing in your "standard" answer that tells me weather or not CC statements count as a viable validation.

[Debt Guy]

The FDCPA establishes a very minimal standard for validation. Literally, a letter saying "yep, you owe" meets that criteria provided they provide the name of the original creditor and the amount due.

Also, a CA cannot just check their records and validate -- they must go back to the original creditor. But, they are not required to send you what (if anything) they get from the OC in terms of documentation.

It is a myth that the CA or OC must provide copies of statments or anything with your signature.

Now, all that being said, when you are sued, the rules change. Assuming you demand discovery in the proper lawyerly format and fashion, then you may require the plaintiff to prove the validity of the debt. The judge will decide what is enough proof to satisfy him/herself before granting the judgment.

Until then, sounds to me like the CA more than met the requirements of the FDCPA. Actually, those statement copies are 99.9% probable to meet the requirements in the courtroom anyway.

What is your situation? Is there some case of stolen identity here or are you trying to buy time?

[seniorjudge]

Originally Posted by captainmorgan66

Yes but your standard answer DOES not answer my specific question. It just tells HOW to send a validation letter, which I have already done. There is nothing in your "standard" answer that tells me weather or not CC statements count as a viable validation.

I found about 150 articles answering your question (using my standard answer).