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re: How to respond to Insufficient Debt Validation?

Posted on 3/10/14 at 12:10 pm to
Posted by yellowfin
Coastal Bar
Member since May 2006
97618 posts
Posted on 3/10/14 at 12:10 pm to
mrs fin is spoiled so she never had to finance anything til she met me
Posted by VetteGuy
Member since Feb 2008
28109 posts
Posted on 3/10/14 at 12:11 pm to
quote:

spoiled


My daughter is and will be like that.
Posted by yellowfin
Coastal Bar
Member since May 2006
97618 posts
Posted on 3/10/14 at 12:13 pm to
graduate college and write a check for her new vehicle straight from trust
Posted by VetteGuy
Member since Feb 2008
28109 posts
Posted on 3/10/14 at 12:13 pm to
quote:

D&B is the biggest scam, I hate those frickers


The WSJ came to my office and interviewed me about them, I made the paper.
I've been after them for awhile and I'm gonna get 'em.

Posted by NameWithheld
Houston, TX
Member since Feb 2011
2092 posts
Posted on 3/10/14 at 12:15 pm to
quote:

This CAN'T legally be put on your credit report.


Out of curiosity, what is your basis for this? I am not trying to screw with you, but seriously... if you have a debt in the eyes of a city and it is reported, why couldn't you?

Considering the source of the debt, and not making allowances for validity and contesting it, the rationale would be the same for having an unpaid water bill on your credit report, wouldn't it?
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 3/10/14 at 12:23 pm to
quote:

Tell them to stop contacting you or file a judgement. They will stop.


This is the correct answer.

quote:

and they will do this why?


They are required to. Even if its a debt that you have a signature on they company has to stop contact. Doesnt mean they cant file judgement or issue trade line to the credit bureau.

If they ignore the C&D and the OP sends it certified mail then he should be able to sue in return for a lot more than the ticket.

Telling them to file for a judgment is basically saying "if you think you have a legal standing to come after me for that money....Bring it.."
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 3/10/14 at 12:27 pm to
quote:

Out of curiosity, what is your basis for this?


My guesses:
1) Not a valid debt
2) Not a valid debt = not a valid trade line on a CBR. FCRA sets the rules here.

Would be curious who released the SSN too or if they just used address and name to verify.

Validating the debt with the collector is more important on what CRA determines than what the collecting agency determines.



This post was edited on 3/10/14 at 12:28 pm
Posted by Pennymoney
Member since Sep 2012
667 posts
Posted on 3/10/14 at 12:45 pm to
quote:

They are required to. Even if its a debt that you have a signature on they company has to stop contact. Doesnt mean they cant file judgement or issue trade line to the credit bureau.

If they ignore the C&D and the OP sends it certified mail then he should be able to sue in return for a lot more than the ticket.

Telling them to file for a judgment is basically saying "if you think you have a legal standing to come after me for that money....Bring it.."


HIs implication was send them a letter to stop contacting him and they will go away. There's no basis for that. The city of Lafayette is already working on contracting out with collection attorneys to start suing on these tickets.

Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 3/10/14 at 12:57 pm to
quote:

letter to stop contacting him and they will go away


They have to cease ALL contact until a suit is brought up. Yes. What are you not understanding.

I would tend to believe that nobody is going to sue over this and if they did likely wouldnt win. So yea C&D letter could indeed end it all for him. They can try to put it on his CB which he can have them validate. In most cases the CRAs will not honor a photo and no signature as a valid debt. I have not heard of them validating one as of yet.
This post was edited on 3/10/14 at 12:59 pm
Posted by yellowfin
Coastal Bar
Member since May 2006
97618 posts
Posted on 3/10/14 at 12:58 pm to
doesn't mean they have to take it off his credit report
Posted by SaintEB
Member since Jul 2008
22658 posts
Posted on 3/10/14 at 12:58 pm to
quote:

HIs implication was send them a letter to stop contacting him and they will go away. There's no basis for that. The city of Lafayette is already working on contracting out with collection attorneys to start suing on these tickets.


My implication was that they stopped contacting ME. He has to handle his own.

As for the city of Lafayette, they are going after $300 plus fines only and no older than 3 years. Also, it has not been officially brought to council. I doubt it happens.
Posted by SaintEB
Member since Jul 2008
22658 posts
Posted on 3/10/14 at 12:59 pm to
They will. Debt cannot be proved.
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 3/10/14 at 1:00 pm to
Did they put it on there? Did the CRA validate it as being a valid debt? Yes they can put it on a bureau. Doesnt make it a legal debt though.
Posted by ashy larry
Marcy Projects
Member since Mar 2010
5568 posts
Posted on 3/10/14 at 1:05 pm to
quote:

Would be curious who released the SSN too or if they just used address and name to verify.



I am fairly certain that a SSN is not required to report someone to a credit bureau if you are a company(debt collector) that is registered with the credit bureau. I'll be happy to admit I am wrong if someone can prove it, but I've seen it done in the past mostly with medical bills. Also, I've seen screw ups on credit reports b/c of family members with the same name (John Smith Jr's debt going to his dad, John Smith b/c they have the same address). If the collection agency had the SSN, there wouldn't be an issue.
Posted by yellowfin
Coastal Bar
Member since May 2006
97618 posts
Posted on 3/10/14 at 1:05 pm to
Like I posted earlier in the thread and dealt with personally, once it's on your report it's not coming off overnight even if it can't be proven. They told us to expect it to take 6-8 weeks for it to be removed.
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 3/10/14 at 1:06 pm to
Look, just dispute it IF it shows up on your credit report. It will disappear soon after.

The company that sent you the collection letter is not the credit agencies, just someone who turns the info over. Threaten them again with a letter and show the letter in your report disputes later...

I would NEVER pay if I wasn't driving. AND, by law, you are NOT required to give those numb nuts someone else's ID who was driving. It's retarded, they have to serve you with papers for anything to be official.
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 3/10/14 at 1:13 pm to
quote:

I am fairly certain that a SSN is not required to report someone to a credit bureau


SSN is not needed. But if its not provided then its going to be hard to pass validation criteria when disputed.

I was more curious if any Municipalities were releasing this info.
Posted by Catman88
Baton Rouge, LA
Member since Dec 2004
49125 posts
Posted on 3/10/14 at 1:16 pm to
quote:

They told us to expect it to take 6-8 weeks for it to be removed.


Did they remove it?
Posted by NameWithheld
Houston, TX
Member since Feb 2011
2092 posts
Posted on 3/10/14 at 1:20 pm to
quote:

SSN is not needed. But if its not provided then its going to be hard to pass validation criteria when disputed.


Connecting the dots, my assumption is that the debts are validated the same way the fines are levied... via motor vehicle records. These ordinances setting these fines are normally very specific in that they hold the OWNER of the vehicle responsible for the fines. With that having been said, I'll have to see how the violation initially gets reported to a credit bureau with respect to SSN's. However, the verification of the owner can be easily accomplished via those records.
Posted by Pennymoney
Member since Sep 2012
667 posts
Posted on 3/10/14 at 1:22 pm to
quote:

Debt cannot be proved.

? why not? Doesn't City ordinance make owner liable?
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