just wanna let yal know. i'm 26 in construction trade and i won in under 10 minutes. do not settle. they will come at you with a crap deal. 25$ a month on $1900 😂 i said dang how old u reckon i'll be when that's done and over with. but yea they'll slap 2-3 billing statements on the table. ( mine had 2 different addresses!)😂 and could not produce the original contract. i felt like the man. thanks john. youre the TRUTH.
@1andonly_j-rod
4 ай бұрын
it was an easy win.
@johngwatts
4 ай бұрын
Excellent and congrats! Are they still on your credit report? Do they have time to appeal or is that time over? Very well done -- so glad you stood and fought them!! John Watts
@jean-michelargentin208
5 жыл бұрын
That’s was very clear and to the point my friend. Thank You
@johngwatts
5 жыл бұрын
You are welcome -- have a good one!
@vilynscagayana3773
4 жыл бұрын
You are awesome!!!! I just found you and have been watching you for this since then. Thank you for your time.
@johngwatts
4 жыл бұрын
Thanks Lyn!! Appreciate your comment and you watching. John Watts
@alphamasterjames1667
5 жыл бұрын
Another great video John really loved it very helpful!
@johngwatts
5 жыл бұрын
Thanks! Things go in waves/cycles and we are now seeing more violations of the FDCPA when validation letters are sent in the 30 day window. For a while we did not see many violations. So be on the lookout for this my friend. John
@Billboardmister36
5 жыл бұрын
Very great advice. Done this twice. No validation yet.
@johngwatts
5 жыл бұрын
Are they just staying silent or did they transfer the debt?
@Billboardmister36
5 жыл бұрын
Looks like 2 third party debt collectorsI think my alleged debt was either assigned or sold or could be have been sold twice. Still unsure but I have all the paperwork and letters and everything I sent including the collection letters. I live in Illinois. it's a complicated case. sent 2 cease and desist letters and verification of the debt and paperwork. Only thing I can do now is wait and see what happens next. Im considered Judgement proof anyway but I will fight this if necessary and consult an attorney if there's a lawsuit filed against me. I live in Illinois. I have disputed the debt in writing. @@johngwatts
@johngwatts
5 жыл бұрын
Sounds good. One thought for you to ponder. If you send a cease and desist letter, that is telling the collector not to communicate with you anymore. If you also send a validation/verification letter, you are asking them to communicate with you. Judges will tend to say your cease letter is no good. Or if the collector does not verify the debt, the judge will say your validation letter is no good. So I would consider starting with disputing and asking for validation and save the cease and desist letter for later. Best wishes! John
@autumnathree5261
4 жыл бұрын
To Whom It May Concern, This letter is being sent to you in response to notices sent to me from your company. Please 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. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. Now, I respectfully request that your office(s) provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: 1. Please validate a debt as allowed to the debtor under 15 USC 1692 (g) Section 809 (b); 2. Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and original creditor, bearing Consumer wet-ink signature; 3. Please provide proof when the original creditor claims this debt became due and when it became delinquent; 4. Please provide a valid basis for the debt, such as the original contract/agreement, the promissory note between Consumer and Collector, bearing Consumer wet-ink signature; 5. Please provide a copy of the last billing statement sent to Consumer by the original creditor; 6. Please provide late payment notice and/or account closing notice provided by the original creditor; 7. Please provide me a verified (sworn to by Affidavit) copy of the contract your firm has with the original creditor authorizing your firm to engage in collection activities on their behalf against the above-alleged account; 8. Please provide me a verified certificate of authority, and/or proof that your company are licensed to collect in my State; 9. Please provide general ledger statement showing the full accounting of the alleged obligation you are attempting to collect, accompanied by a commercial affidavit by the original custodian of the books and records; 10. Please provide the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Such as FR 2046 balance sheet (OMB #'s 2046, 2049, 2099), 1099 OID report, S-3/A registration statement, 424-B5 prospectus, RC-S, and RC-B call schedules; 11. Please provide verification and/or copy of any judgment if applicable; 12. Please provide proof of any interest, fees or other charges expressly authorized by the agreement; 13. Please provide a certified copy of all Public Hazard Bond(s) and Liability Insurance Policy(s) and accounting demonstrating the financial capability of Collector; 14. Please provide proof that the alleged debt has not already been satisfied by any means available including but not limited to, a Tax write-off, an Insurance Claim or selling the purported debt to third party debt collector; 15. Please provide a Statute of Limitations expressly authorized by the agreement; 16. Finally, please provide an affidavit signed under Penalty of Perjury that Collector or any agent(s)acting on their behalf has not violated any portion of the Fair Debt Collection Practice Act. At this time, I also inform you that reporting invalidated information to major credit bureaus (Experian, Equifax, TransUnion or any third party) might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. Also, this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following: ⦁ Violation of the Fair Credit Reporting Act; ⦁ Violation of the Fair Debt Collection Practices Act; ⦁ Violation of the Consumer Collection Practices Act in my State; ⦁ Defamation of Character. If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for the suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from your firm records and my credit report if reported and a copy of such deletion (to any/all of the major credit reporting bureaus: Equifax, Experian, TransUnion or third party) request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer-generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service. It would be advisable that you assure your records are in order before I am forced to take legal action against your company. This is an attempt to correct your records, any information obtained shall be used for that purpose. I am waiting for your immediate action to my requests. Best Regards,
@johngwatts
4 жыл бұрын
Thanks for sharing. This is WAY more than courts require and when you ask for so much, it makes it easy for the collector to respond with little and argue that you asked for too much. I think it is a good option to ask for a bit less, and then when they send you something, ask for specific follow up information. Thanks for your comment. John
@autumnathree5261
4 жыл бұрын
@@johngwatts so should I ask a little bit at a time
@sallyjames1236
2 жыл бұрын
Does credit bureau reporting constitute collection activity?
@ashlandanimaland1430
Жыл бұрын
Interesting i thought they had no legal obligation to respond to the validation letters
@cosmicpowwow
Жыл бұрын
so when you use the word "collect"...does that mean actively sending you letters, calling you, sending emails.... does that not constitute actively reporting on the credit report. to me, they are saying I owe them the money and telling everyone I owe them the money so in essence, they are letting me know I owe money..what if the debt is really not yours and they keep the debt without collecting. it affects your financial decisions I they park the debt there and not collect per se right?
@johngwatts
Жыл бұрын
Its a great question and different courts view it differently. Here's one pretty good solution -- if you have something that is not yours or you don't owe and it is reporting (but not updated), then challenge it through the credit bureaus -- Equifax, Experian, and Trans Union -- either it will be removed or updated. That may give you the angle to be able to pursue it. Courts are starting to understand this garbage of "parking an account" -- we first sued on this in about 2008 and it goes through waves/cycles -- won't be a problem then it will again. Best wishes and definitely get with a consumer lawyer in your state -- www.consumeradvocates.org/find-an-attorney John Watts
@phillipromain5665
4 жыл бұрын
Thanks for ALL your help. My SITUATION is I responded within 30 days with a debt validation letter. 3rd party debt collector. They responded back with the none of the original documents. All in house proof of the debt, was provided, but none from the original creditor. I did ask for specific proof of the debt, but they responded in general information, all in house documents for proof. It hasn't been reported to any credit agencies. I'm in the middle of responding with a 2nd letter asking to show proof of any and ALL orginal contract are documents, and other item of proof to verification of the debts If they DON'T show proof of any orginal proof. what are my options? From them trying to collect on this debt
@johngwatts
4 жыл бұрын
Phillip -- thanks for your comment. I answered this in a video today -- kzitem.info/news/bejne/0ZCel5-nk5p4d2k. I would KEEP pushing them. Explain what you need and WHY you need it. Thanks again! John
@carribbeannatural4736
2 жыл бұрын
There are companies that are paid to validate , correct? people don’t know you can opt out…. Therefore, if they can’t validate the debt they get rid of it. Is this true?
@coronalives1970
Жыл бұрын
Hi John, I sent my validation letter, certified mail, it was received and acknowledged by the debt collector. Now I received an email from them asking me to send them copies of checks, invoices and contract that I have with their client. They insist on getting this information from me before conducting an investigation. Isn't this what they are suppose to do for me?
@johngwatts
Жыл бұрын
Depends on how you disputed it -- were you very specific ("I paid this off by check number 123 on May 5, 2021") or was it more general -- "I dispute this debt". More specific, you may need to provide the details so they can check it out. It puts more of a burden on them when you can give them details and documents.... Not always required but if you can, I would send them what I have. See what they do after that! John
@estrada3244
3 жыл бұрын
Is there a deadline to sue them after they do not validate the debt?
@openyoureyes4799
Жыл бұрын
Can you ask for a validation letter even after they are suing you?
@koatlsin
4 жыл бұрын
Valuable info 👍
@jayvion1234
2 жыл бұрын
I sent a vod and they replied with account statements, what do I do next?
@MakeBanco
3 жыл бұрын
If you send a debt validation and they can't prove it, do they just sell that debt to another agency and the whole process starts over again until some company gets paid?
@johngwatts
3 жыл бұрын
To some extent they can keep transferring it. Sort of like "whack a mole" game. But if you carefully study what each collector does, often you will find a violation of the FDCPA (Fair Debt Collection Practices Act) and can sue. This will often KILL the debt. Best wishes John
@mikeway7064
4 жыл бұрын
If I have an account on my credit report that I never heard of and dispute it, and the credit bureau said it's valid but will not give me information. Question #1 how do I know they even investigated? Question 2, if the credit bureau respond back with a answer that it's been validated then why is it the credit bureau will not give me any info that they received from debt collector that supports its been validated, Instead they tell me I must contact the debt collector directly. Can they do that?(Credit bureau)
@fwacfred
3 жыл бұрын
You can ask them to reinvestigate and provide you information and proof of who they communicated with and what they where furnished that verified the "debt". You cannot just take their word. You want proof.
@thenewman451
4 жыл бұрын
Hi John, After sending debt validation letters to collectors, do they have 30 days plus mail time to respond OR the 30 days accounts for response and mail time? Also, when you use the term "continuing to collect" after they fail to respond, does that apply towards reporting to credit bureaus as well? And if they pass the debt back to the original creditor, can they pursue collection even though its been charged off and will FDCPA play in my favor? Sounds like a monkey in the middle kind of game here. Thank-you! p.s hope you go live soon! Victor US Navy Veteran
@carribbeannatural4736
2 жыл бұрын
ALWAYS USE A CERTIFIED LETTER WITH A RETURN RECEIPT, coming from a mail lady. Thank you for your service!!!
@SharonDenning
3 жыл бұрын
If you have missed the window of the 30 days when they send you a letter can you still dispute?
@johngwatts
3 жыл бұрын
I shared this in another comment -- Here's a video for you -- thanks for the question! kzitem.info/news/bejne/qoKu2o6Va6eUm4I
@sweet_fauxpas7195
2 жыл бұрын
What if you get a letter back that says they can't respond because they're unable to identify the account? I can't find any info on this response
@burninglight
4 жыл бұрын
what happens if i asked for a signed contract with my signature and they sent billing statement?
@johngwatts
4 жыл бұрын
So it depends on the contract. Was there ever a signed contract? Some debt there will be -- but other debt (credit card) there is usually not one and it is not always required. If you think there is or should be a signed contract you can write back something like this, "Thank you for the 3/4/5/etc billing statements but I asked for the signed contract. Can you send this to me? I need this because [I don't remember this debt and want to see if it is mine etc....]" Hope that helps and best wishes! John
@burninglight
4 жыл бұрын
@@johngwatts Thank you so much.
@qmccall0328
5 жыл бұрын
What Exactly is validating the debt under the Fdcpa? Are Account statements considered validation?
@johngwatts
5 жыл бұрын
So validating/verifying a debt can mean different things. At simplest level, the collector asks the creditor if the debt is owed and the amount. But if you challenge specific aspects, then most of the time collector has to address those issues. Say you dispute because you paid it off or because medical insurance should have been billed -- then collector would need to check on that. Often they send statements -- that just shows the amount, not whether you really owe it or not. I'll do some more videos on validation/verification as it can get a bit tricky at times. Thanks for comment/question. John
@DollaRich12
3 жыл бұрын
They can never ever validate the debt. It’s an impossibility! Where did the funds originate? You the creditor created the funds. Second, is any man or woman going to come forward and make a claim that “you” owe a debt? No. Third, will they accept federal reserve notes as “tender in payment of debt?” No. Nothing but gold and silver can be tendered for debts(cf. article 1 section 10 US constitution). Much more but go with that.
@naquarnevans4616
3 жыл бұрын
@@DollaRich12 so once you send a debt validation letter what’s the next step ?
@DollaRich12
3 жыл бұрын
Naquarn Evans send them a second one and give them a chance to reply (you want to stay in honor)if they didn’t already... regardless what they send you like statements or anything if they don’t stop collections and remove from your report you sue them in small claims yet for FDCPA violation $1000. That is most u can sue for FDCPA ... reason. Is failure to validate debt( no contract and no man or woman is claiming you owe, u have right to face your accuser), also failure to say debt is being disputed, also communication with this debt by 3rd party, the character +\-, amount, status etc ... many reasons how they violate
@naquarnevans4616
3 жыл бұрын
@@DollaRich12 yes I know all those laws I know about what they owe me. I just mailed off debt verification letters today. I asked them to verify it not validate it. Validating is moreso confirming we did business I actually asked for verification that I owe that alleged debt. Was that the correct thing to do?
@EasyBakeBBQ
3 жыл бұрын
Caled Collection agency and informed them that i disputed the debt and no longer wanted to be contacted via phone. was told that they will send me an invoice but they only communicate via phone. and that I could not mail them? How do you deal with that?
@johngwatts
3 жыл бұрын
Any collection agency that says they can't receive or WON'T receive mail is very suspicious. Normally that will be a scam. Ask them to MAIL you proof of what you owe. The scammers are terrified of sending fraudulent documents through the mail and will refuse. If they do mail you, then just respond to that address. Also check your credit reports -- www.annualcreditreport.com/index.action -- and if listed, there will be an address for them. Best wishes! John
@blkmagneto1521
2 жыл бұрын
My debt validation letter was returned to me (the sender).... Was delivered to collections P.O. box , Sat for 15 days and returned to me... Is this considered proof of no response after the 30day period? Thanks
@medicalpatriot3174
3 жыл бұрын
When sending a Verification of debt letter to the collections company, do they have to validate and prove everything you ask for or can they just validate 1 thing?
@MoneyOverFame
4 жыл бұрын
Can you explain debt validation vs debt verification?
@johngwatts
4 жыл бұрын
Great question -- a lot of people mix these terms up including court opinions so they kind of mean the same thing as a practical matter. Technically, you get a Section 1692g letter from a debt collector. (www.law.cornell.edu/uscode/text/15/1692g) You can request validation of the debt. The debt collector then must "verify" the debt before it collects again if you have made your validation request within the time period of Section 1692g. So here's the law: (b)Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, ***********until the debt collector obtains VERIFICATION of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor. I'll add this to my list of videos to do. Thanks for your question. John PS -- here is a video where we go through the law of the FDCPA Section 1692g -- kzitem.info/news/bejne/sYudzouCqJ90eXY -- that you might find helpful.
@dhart9085
5 жыл бұрын
What happens if I am never served but was notified by server that left a notice on door. And server will not answer call to come back to serve paperwork.
@johngwatts
5 жыл бұрын
Delia, Leaving a note on the door is NOT service in Alabama. But you have to be careful as the server may lie and say to the court that you were avoiding service. My suggestion -- and I get criticized for this approach -- is go ahead and respond before you get served. That's what our clients do -- obviously you have to make your own choice. We embrace these lawsuits and want to get to trial as quickly as possible so I don't want to wait around and wonder if the court mistakenly thinks I've been served etc. You can call the court to get a copy of the lawsuit and then respond to it. Best wishes John
@dhart9085
5 жыл бұрын
Alabama Consumer Protection Lawyers thank you! I will definitely do that. Also one other question.. how long does it usually stay active waiting on trial date.. I have another collection account that I have answered on and it’s been over 6 months and still no trial date. Thank you again for replying. Delia
@johngwatts
5 жыл бұрын
Welcome! In most counties in Alabama if it is district or small claims court, we see trials in about 6 weeks. But some places it can take a year or more. Normally if you ask the judge to set for trial they will. Now circuit court is a different animal -- it can take a year or two or three. Best wishes! John PS -- Do check with clerk of the court to make sure you haven't missed a trial notice. 6 months seems like a long time and you just want to make sure the mailed notice wasn't delivered to your neighbor etc.
@eddycruz3235
4 жыл бұрын
Hello , I recieved statements and an electronic scribble that didn’t resemble my signature on a (Best Buy APPLICATION FOR CREDIT )from a third party debt collector , about two months after I requested debt validation. Does this count as enough as proof or should I ask again for a written agreement? Thank you .
@fdr2275
3 жыл бұрын
I was contacted by a medical collecting agency asking me to pay a medical debt. When I requested them to validate the debt, they just kept sending me the medical bill put up by the physician’s office. This medical bill is not a proof that I owe the debt and I have already disputed it with the physician’s office before. I have sent them 2 letters with very specific requests to prove that I am liable for the medical charges on the bill. Yet they just ignore my letters and now they say they have reported the debt to the credit bureaus. What legal options do I have now?
@darrylpolite8722
3 жыл бұрын
If you've sent 2 letters with specific requests and they're being ignored, submit a letter directly to the credit bureaus and provide a copy of the letters that you sent to the collection agency demanding that the unverified account be removed.
@YANBRISON
4 жыл бұрын
What to do if same debt collector sends a second validation letter with different reference number, after I already responded with a debt verification letter, many months ago but they did not answer my verification letter? They are asking me to validate again, but this second letter is similar to the first one. Except for the reference number everything is the same.
@johngwatts
4 жыл бұрын
I would ask them that in writing -- why did you not respond to first one? I would first go to a lawyer in your state who sues collectors -- that is likely a violation. Be fun to see what their explanation is. :) Thanks and keep us posted! John
@okw15
2 жыл бұрын
Its supposed to be exactly the same and full number no special characters so dispute it with the credit bureaus
@Not_Your_Ordinary_Family
2 жыл бұрын
I sent a verification letter for 3 accounts and then they sent back a letter saying they were gonna close 2 of those accounts and that's all they said .. they didnt verify or anything what do i do next? Bc a closed account still affects your score right?
@pagosplace3065
5 жыл бұрын
John is simply sending you a copy of an old bill considered validating?
@johngwatts
5 жыл бұрын
It can be -- depends on what we say in the dispute/validation letter. If we are just very general, then an old bill might be enough. The more specific we make the dispute, the more detailed the collection agency must be in its response. Just an old bill should raise other questions that we could send a follow up dispute on. For example: 1. Send me proof that you own the debt (if you claim to own it). 2. How was interest calculated so I can see if the amount is correct. 3. Send me the terms and conditions of this old credit card so I can see if the amount is correct. etc Hope that helps! John
@harave7916
3 жыл бұрын
@@johngwatts i asked the debt buyer- they are the third debt buyer apparently-for them to send me copies of all the monthly request for payment from 2010 to 2021, this since the servicer lender send three pages with the servicers headletter where they are trying to show all the monthly amount owed-trying to act like if they were the original lender. I recieved a 1099c in 2010. This debt buyer and servicer is adding interest and late payment for almost 11 years later, and three months ago send a default letter and they have only "owned" this debt a few months ago. Now thru non judicial(California) they are trying to foreclose on a 2nd for home equity loan. Instead of the 28,000, they are asking with interest, late payments etc for more than 70,000. Predator that is what they are. In one letter it says 38,000, in another 40,000 and on another 70,000. I have a lawyer trying to help me right now. Don't know if the moratorium will give me more time since this was done in a sneaky way by these predators.
@el.tacolgando
3 жыл бұрын
Can u sue in Tx
@claytoncox2097
3 жыл бұрын
I sent a debt collector a debt validation request via certified mail delivery confirmation 9 months ago. I just received another demand letter. I sent them another letter putting them on notice that they were in violation of the fair debt collector practices act. I sent them a copy of the delivery confirmation card, to which they said they never received it. And sent me a copy of the judgment that the statue will run out on in August. It's been 7 years and 7 month's. How should I proceed from here?
@nathanevans2846
4 жыл бұрын
I sent a validation letter to a collector and thay sent me a bill saying HERE IS YOU VALIDATION OF DEBT.
@tashagotit7747
4 жыл бұрын
Now what?
@tidrel7497
3 жыл бұрын
not good enough
@koatlsin
4 жыл бұрын
What happened when a an office dentist keep sending a bill with 4years old, because the insurance refuse to pay, do I have to pay?
@fwacfred
3 жыл бұрын
Did the insurance refuse to pay or did the dentist not file a claim in time and then the inusrance refused to pay? There is a big difference. Also what is the statute of limitations on time barred debt in your state?
@marigoofy14
4 жыл бұрын
What if it’s after the 30 days when you got the letter. Can you still request validation?
@johngwatts
4 жыл бұрын
I have my clients send a validation letter even after 30 days. Technically you don't have the same rights as if you send it within 30 days but it still puts the debt collector on notice that you are disputing the debt, don't call your cell phone, etc. Here is the letter we recommend folks start with then add any specific disputes, etc. -- kzitem.info/news/bejne/k2-IxYp3pqZ3lH4 Hope that helps John
@dorcaspowellpowell5971
4 жыл бұрын
I never had a credit card at walmart ..but it's my ss# but letters of the name are not spelled correctly it not me so now what??????? I need help trying to get my life in order.
@hustlengrind8833
3 жыл бұрын
That’s all you need. If you’re name is isn’t correct dispute it.
@michaelvillanueva6862
3 жыл бұрын
Hi, I think I messed up,. I was rushing and I didn't sign my debt validation letters? Does that matter or it is just a request for information and is not for contract purposes?
@johngwatts
3 жыл бұрын
No one signs letters any more. The collection agency rarely signs letters. Banks don't sign letters. So I don't think its an issue for consumers not to sign. Just needs to be in writing but beyond that nothing magical about it. Those are my thoughts.... Best wishes John
@michaelvillanueva6862
3 жыл бұрын
@@johngwatts Thanks!! Can I ask 2 more quick questions? 1 - Should I do an accord and satisfaction with a personal or cashier's check? Also, does it matter if they deposit via ACH or Mobile app and not sign it? If I include the statement "for deposit only" does that include ACH/mobile app deposit and it will still be a legal contract, even if they don't sign it? 2 - If my accord and satisfaction terms and conditions go in the middle of the check, due to no room at the top. Does it make the check not valid anymore?
@michaelvillanueva6862
3 жыл бұрын
@@johngwatts Hi John, Thanks for responding so fast to my youtube questions. My questions are concerning an Accord and Satisfactions . Thanks for helping, I just don't want to pay them and still owe money. Thanks 1 - Should I do an accord and satisfaction with a personal or cashier's check? Also, does it matter if they deposit via ACH/mobile app and not sign the back of the check? If I include the statement "for deposit only" does that include ACH/mobile app deposits and it will still be a legal contract, even if they don't sign it? 2 - What If my accord and satisfaction terms and conditions go below the top signature box? There is not alot of room to fit all the terms and conditions in the top signature part. If I put terms and conditions in the middle of the check, will that cancel the accord and satisfaction? Does it have to be in the signature area? 3 - In the memo part of the check, can I just put "accord and satisfaction"? 4 - Here are my legal terms, does it cover everything? Do they have to sign it to be an accord and satisfaction or just by them depositing the money, it will count as a legal contract? "This is an instrument of Accord &Satisfaction. By depositing this payment (Creditor NAME) agrees to the terms of the Accord &Satisfaction instrument. This payment will be to settle the debt in FULL on the account with a final one lump sum payment and will satisfy the account in full. Upon the receipt of this final payment the (Creditor) agrees to delete all negative reporting and no derogatory comments with be reported to Equifax, Experian, and TransUnion. The new report to the above account will be “Paid As Agreed” within 30 days of payment to Equifax, Experian, and TransUnion . No further collections actions will continue on this account".
@gp5
4 жыл бұрын
I’m confused now, I’ve read some articles saying that debt validating is a bad idea. Here’s the article: www.avoidbk.com/debt-validation-letter/ So what’s the verdict, is it useful or not?
@johngwatts
4 жыл бұрын
Some good points in the article. I don't think you dispute every collection account without thinking but for the vast majority, disputing is usually a good idea. At least in my state there are hundreds of a lawsuits a day by debt buyers. And they love to argue to the judge that you the consumer never challenged this. So a dispute/validation letter is helpful. It also can give you a lawsuit if they don't update the credit reporting to show "disputed" . But if you are close to the statue of limitations then often it is a good idea to hold off on doing anything. Fly below the radar so to speak. :) John
@gp5
4 жыл бұрын
@@johngwatts Thanks
@babigyrl6567
3 жыл бұрын
I’ve sent a collection agency 2 validation letters and both times, they sent a copy of the bill statement. I ask for a copy of my signature among other things and was told, they didn’t need my signature. How do I know if this is my acct if my signature is not needed? Do I validate more specific as far as attaching a copy of the agreement that give them the authority to collect the debt and ask for itemized billing statements while the acct was open.
@fwacfred
3 жыл бұрын
I did the same thing but I asked them for proof they had the authority to collect and and a copy of the agreement with the original creditor. Anyone can create a statement. Ask for all past statements, date of last payment, copy of agreement, and proof you are the person who is liable for the debt. If they cannot properly validate the debt you can advise them you will take legal action.
@babigyrl6567
3 жыл бұрын
@@fwacfred ok I sent them another validation letter Nov 3rd with that information and haven’t heard from them since. Thanks!
@tidrel7497
3 жыл бұрын
@@babigyrl6567 Hope you had sent it certified with return receipt requested. Also, you can take it up with credit bureaus. First, look for errors on the credit reporting.Usually there are some errors and you'll be able to FACTUAL dispute them and have them removed. Always send your letter certified with return receipt, only cost about $7 and it's worth it. I am not an expert and this is just my opinion.
@babigyrl6567
3 жыл бұрын
@@tidrel7497 I sent it certified but not return receipt. One of them responded and said they put my acct on hold and blah blah and they will remove it from my credit report. Truthfully, they trashed it. Lol
@tidrel7497
3 жыл бұрын
@@babigyrl6567 Oh ok. That's good one of them responded. I would send a second letter to the other and on top of the letter in bold writing "SECOND NOTICE" and send it certified with returned receipt requested.Also, in the meantime, take a look at your credit report and check how the collectors are reporting the debts on your credit reports. There may be many violations that you may be able to use to your advantage and have the credit bureaus remove the account all together.
@MrCjam79
3 жыл бұрын
If you never validate your identity to the agency then they have no recourse to collect from you. Don't answer the phone and validate their claim. They can't do anything, they'll just keep trying and then they'll sell it to somebody else. Rinse and repeat. They'll give up eventually but if you don't give conformation of your identity they don't have anything to stand on. You're welcome 😉
@johngwatts
3 жыл бұрын
Or they can credit report and sue you. Refusing to identify yourself does not prevent credit reporting or being sued. It may delay a normal collector (i.e. not a debt buyer) but I prefer to face these things head on than delaying. But delaying is a valid choice -- everyone has to make their own decision. Thanks for sharing your viewpoint! John
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