According to the above FDCPA Section, Debt Validation is defined as the debt collector contacting the original creditor to affirm the debt amount being requested is correct. It is highly doubtful the debt collector ever contacts the original creditor for any debt validation purposes.
How Long Do You Get to Request Verification? Again, you have the right to request verification of your debt within 30 days. This period is sometimes called the "verification period." Note that you have 30 days to request verification from your receipt of the notice—not 30 days from the date of the letter.
Old (Time-Barred) Debts
In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
I am requesting that you provide verification of this debt. Please send the following information: The name and address of the original creditor, the account number, and the amount owed. Verification that there is a valid basis for claiming I am required to pay the current amount owed.
A 609 dispute letter is a letter sent to the bureaus requesting this information is actually not a dispute but is simply a way of requesting that the credit bureaus provide you with certain documentation that substantiates the authenticity of the bureaus' reporting.
Debt validation can be extremely effective. If the debt collector is unable to validate your debt, you can request for the debt to be removed. Without validation, your credit report could be filled with multiple debts that don't belong to you.
Unpaid credit card debt will drop off an individual's credit report after 7 years, meaning late payments associated with the unpaid debt will no longer affect the person's credit score.
In most cases, the statute of limitations for a debt will have passed after 10 years. This means a debt collector may still attempt to pursue it (and you technically do still owe it), but they can't typically take legal action against you.
Debt collectors can restart the clock on old debt if you: Admit the debt is yours. Make a partial payment. Agree to make a payment (even if you can't) or accept a settlement.
If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.
What Happens Now? If a debt collector can't verify your debt, then they must stop contacting you about it. And they have to let credit bureaus know so they can remove the debt from your credit report.
The first step to stopping debt collectors from calling you is telling them the 11-word phrase - “Please cease and desist all calls and contact with me, immediately.”
A Debt Validation Letter is beneficial in nearly all encounters with a collector. If you don't owe the debt, then the collector is likely to fold because they can't provide validation of the debt. If you only owe some of the debt, then the collector will be forced to prove the amount you actually owe.
While a debt validation letter provides information about the debt the collection agency claims you owe, a verification letter must prove it. In other words, if the collection agency doesn't have enough evidence to prove you owe it, their hands may be tied.
For most types of debt in England, Wales and Northern Ireland, the limitation period is six years. This applies to most common debt types such as credit or store cards, personal loans, gas or electric arrears, council tax arrears, benefit overpayments, payday loans, rent arrears, catalogues or overdrafts.
Are debts really written off after six years? After six years have passed, your debt may be declared statute barred - this means that the debt still very much exists but a CCJ cannot be issued to retrieve the amount owed and the lender cannot go through the courts to chase you for the debt.
What Is Time-Barred Debt? Time-barred debt is money a consumer borrowed and didn't repay but which is no longer legally collectable because a certain number of years have passed. Time-barred debt is also known as debt that is beyond the statute of limitations.
In most states, the debt itself does not expire or disappear until you pay it. Under the Fair Credit Reporting Act, debts can appear on your credit report generally for seven years and in a few cases, longer than that.
Can Old Debts be Written Off? Well, yes and no. After a period of six years after you miss a payment, the default is removed from your credit file and no longer acts negatively against you.
If you have a collection account that's less than seven years old, you should still pay it off if it's within the statute of limitations. First, a creditor can bring legal action against you, including garnishing your salary or your bank account, at least until the statute of limitations expires.
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
The 3 Letter ALWAYS works! Having completed the process, the debt buyer has a choice, They can close the account, harass you or take you to court. The 3 Letter stands as evidence that the PROOF of debt was requested and not provided. So whatever action they take, you have the 3 letters showing you owe nothing.
You can ask the current creditor — either the original creditor or a debt collector — for what's called a “goodwill deletion.” Write the collector a letter explaining your circumstances and why you would like the debt removed, such as if you're about to apply for a mortgage.