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My wife got a letter from a debt collector last week for a department store credit card debt.  Previous to do this, we had received phone calls from them (about 3-4 weeks ago).  Due to the phone calls, we looked at her credit reports and saw that this credit card (serviced by capital one) had been sold off.  She disputed with Transunion and they eventually took it off of her report (I believe Transunion claimed that they were not able to find the source of the debt and/or it was all just fees, not principal balances).  Transunion said it would alert the other CRAs as well and they advised to ignore all contact from debt collectors.  A call to capital one and they said that with the sold off account they have absolutely zero details into the charges.  Total amount is $327.  debt collector is stone leigh recovery

Should we send a debt validation letter?  I think they will have no problem validating the debt.  My thinking is not to contact them or send a letter.  With a "relatively" low amount if we ignore them they *may* drop it to go after bigger accounts.  If we respond then they will know they have someone to collect from and won't stop harassing.  Though it could/will go back on her credit report.  Do we then just dispute it again with Transunion?

Note 1: also cross posted to credit boards, thought FWF might be quicker though.
Note 2: yeah yeah, my wife is HORRIBLE at finance.  don't need you guys to tell me that.  been working on that one for > 10 years now.

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How horrible is your wife at finance? i.e. did she open the card, spend money on it and not pay it?

also
pics?


I would respond in writing with "please validate"

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imbatman said:   I would respond in writing with "please validate"
  
This is the crux of it... I am pretty sure they will be able to validate this.  What happens when they validate it?  From what I have read, even if I state "30 days to respond" in my validation letter, they have up to the statute of limitations to actually validate.

If it is validated, then what?

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How old is the debt?  When was the last activity on it according to the bureaus?  What's the SOL in your state for collections?

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Xnarg1 said:   
imbatman said:   I would respond in writing with "please validate"
  
This is the crux of it... I am pretty sure they will be able to validate this.  What happens when they validate it?  From what I have read, even if I state "30 days to respond" in my validation letter, they have up to the statute of limitations to actually validate.

If it is validated, then what?

  if it's a valid debt that within the SOL, then ask if they'll agree to pay to delete (you pay the amount owed, they agree to delete derogatory remarks).
If they don't agree to that, pay it.
If you don't want to do that, deal with debt collectors for the next decade or so.

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ach1199 said:   How old is the debt?  When was the last activity on it according to the bureaus?  What's the SOL in your state for collections?
  
Last activity was in April 2017.  Debt is from last year.  SOL is 4 years.

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Xnarg1 said:   This is the crux of it... I am pretty sure they will be able to validate this. What happens when they validate it? From what I have read, even if I state "30 days to respond" in my validation letter, they have up to the statute of limitations to actually validate.

If it is validated, then what?
YOU have 30 days to request validation. Once they receive your request, they must either validate or cease collection attempts. What you read is probably correct, they can take their time to validate.

What do you mean "then what?" Either PYBDB or suffer the consequences of a collection account on the credit report.

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scripta said:   What do you mean "then what?" Either PYBDB or suffer the consequences of a collection account on the credit report.
 

  I am surprised PYBDB didnt get mentioned sooner.
This looks like an issue with someone (OP's wife) not paying on time (or ignoring) and nothing wrong with the actions taken by the bank or the collector. Granted, OP has the difficult job of dealing with someone not financially responsible.

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fwuser12 said:   
scripta said:   What do you mean "then what?" Either PYBDB or suffer the consequences of a collection account on the credit report.
  I am surprised PYBDB didnt get mentioned sooner.
This looks like an issue with someone (OP's wife) not paying on time (or ignoring) and nothing wrong with the actions taken by the bank or the collector. Granted, OP has the difficult job of dealing with someone not financially responsible.

  
Yup.

I'll be sending the validation letter today and in the mean time calling up capital one to see if they can do anything.  I'd rather clean it up with capital one than deal with the debt collector.  

Is it true that if I clean it up with capital one then the debt can't be validated?  Or, due to timing, if it is validated then I can send a proof of payment to capital one indicating it's been taken care of from their side?

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Xnarg1 said:   I'll be sending the validation letter today and in the mean time calling up capital one to see if they can do anything.  I'd rather clean it up with capital one than deal with the debt collector.  

Is it true that if I clean it up with capital one then the debt can't be validated?  Or, due to timing, if it is validated then I can send a proof of payment to capital one indicating it's been taken care of from their side?
 

 
If the collector is working on behalf of CapOne then that would be the case. But your OP said that CapOne sold the debt, in which case they have nothing to do with it anymore.

You're in even worse shape with yesterday's Supreme Court ruling, which said FDCPA doesn't apply to third parties who have bought the debt outright.

Offer the debt collector 50% to settle the entire balance and rid yourself of it.

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