Student Loan Collectors - Violation of FDCPA

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My question involves collection proceedings in the State of: Missouri

Around 1 month ago, I received collections letters for private student loans of almost $90,000. I have since discovered that the "debt collector" is an actual law firm trying to collect a date. Of the loans they are claiming that I owe, several of them have a last name other than mine. From the beginning, I have been trying to obtain the original loan documents. I was told that the original lender would have them. After calling the lender, they agreed to send me the documents. I received a letter from that said loose in mail. I received a document stating that the documents were enclosed, but no documents. I called the creditor immediately and requested the documents once again. After 2 weeks of not receiving them, I submitted a request to the collection agency disputing inaccurate information and requesting validation of the debt and asked for the original loan agreements. After submitting my request, I received a call 2 days later requesting I pay the debts before receiving the documents that I had requested. They acknowledged that they received my request, but were uncooperative in getting them to me. According to:
FDCPA Section 809. Validation of debts [15 USC 1692g]
(b) 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 any 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.

The collector did not cease collection of the debt. Am I missing something or is the place violating this law? I submitted my requests within that 30 day window. From the beginning I have been trying to obtain the documents and told them that once everything has been validated, I would be willing to start trying to resolve any debt that proved to actually be mine. Any information would be really helpful. Thanks!

[jk]

First, just to be clear, the only item the collector is required to provide is verification from the original creditor. That does not include the contracts you signed but a simple statement from the original creditor that the debt is valid for the person named. The additional documents you requested do not have to be supplied unless you face them in court.


so, since you did send them a demand for validation within the 30 day window, yes, they are required to cease collection efforts until the debt is verified as required in the fdcpa. If they do not act properly, you do have a right to sue them. Those rights are found further down in the fdcpa.

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When/if they do provide these documents to me, even if it isn't until they take me to court, if I can prove that I never signed for any of these loans, will they be dismissed?

[Mr. Knowitall]

You either borrowed the money or you didn't. If you borrowed the money, you can be pursued for the money you borrowed on a number of theories even if you did not sign the notes. If you did borrow the money it would be interesting to know how you avoided signing the notes.

[LarryPSmithLaw]

If you sent a demand for validation within the 30 day window, all collection efforts must cease until such time as the debt is validated. What exactly is validation is something that is determined on a case by case bases - focusing on what precisely the dispute/need for validation may be. Any attempt to collect the debt while a validation is owed is a violation of the Fair Debt Collection Practices Act.