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What Good Does Sending a Debt Validation Letter Do

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  • 11-28-2009, 09:04 AM
    Raso
    What Good Does Sending a Debt Validation Letter Do
    After Reading through this forum about VL, it seems to me that
    sending a DVL is basically useless. Am I missing something?

    To whom it may concern:

    Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act.

    Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.


    Since CA's are not required to send you actual proof, that they are indeed legally able to collect the debt.

    How do you therefore, defend against collections, and stop them from sending a complaint, if they don't have to supply me with the items in these VL letters, and or, a contract with my signature saying that the OC can sell my charged of debt, and I have to pay the CA?
    So, all this does is stop collection activities until they send me the original creditors name and address?
    Then the Harassment can continue?

    Thanks
  • 11-28-2009, 09:45 AM
    jk
    Re: What Good Does Sending a Debt Validation Letter Do
    You post is not real clear so let me say a few things. You can take it from there.

    any collector must send a validation of the debt by providing the information to verify the veracity of the debt if the letter is sent withing the prescribed time as stated in the FDCPA.

    What they do not have to send you is a copy of your contract or a detailed listing of your debits and credits of your account.

    If you believe any of the information is incorrect, you simply dispute the information and either enter into a dialog with the creditor and resolve the issue or tell them to go to Hell and wait for the suit where you can demand, in court, they provide evidence to prove their ownership and rightful claim for the debt.

    Quote:

    and stop them from sending a complaint
    complaint? you can never stop them from sending a complaint. It is their right to sue you if they believe you owe them.

    Quote:

    So, all this does is stop collection activities until they send me the original creditors name and address?
    basically, yes. You can attempt to contact the OC to determine who they may have sold the debt to if you wish. They are not obligated to tell you much of anything though.


    Quote:

    § 809. Validation of debts
    (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
    (1) the amount of the debt;
    (2) the name of the creditor to whom the debt is owed;
    (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
    (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
    (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
    (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 credi15
    USC 1692g
    12
    § 809 15 USC 1692g
    tor, 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. Collection activities and communications that do not otherwise violate this title 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.

  • 11-30-2009, 01:40 PM
    Raso
    Re: What Good Does Sending a Debt Validation Letter Do
    Thanks JK,
    I was basically asking what good does it do to send a DVL.
    Thank you for your response.
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