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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default When Does a Debt Collector Need to Prove They Own the Debt

    My question involves collection proceedings in the State of Colorado. I am assisting a friend with handling the debt collectors that are calling him.

    I have sent a validation debt letter asking for amt owed, how they arrived to that amt, orig creditor and proof the debt belonged to the collection agency. This collection agency provided in 2 weeks all but the proof that they own this note. I replied immediately asking for proof of ownership of this debt and to provide proof they are operating legally in Colorado.

    It's been past the 30 days since I've sent the original letter.

    I am unsure what to do from now. There is no mention that a debt collection agency needing to prove they own the note and what do I do from here?

    Orig letter-------------------
    To Whom It May Concern:

    I am sending this letter to you in response to a conversation I had with your Collection Agency, XXXX and YYYYY of XXXXXXXX & Associates on September 12, 2012. On that day, I requested for debt validation documentation and authorized XXXXXXX of XXXXXXi to speak on my behalf on all concerns of this matter. XXXX has indicated to me that his agency does not own this debt and has identified you as the debt holder and instructed me to contact <orig creditor.> On that same day, I called <original creditor> with the intent to ask for said documentation and to authorize Ms. XXXX to speak on my behalf with <orig creditor.> I was then advised by <orig creditor> that my account was inactive and that <collection agency> owned this account.

    It is obvious that there is some confusion as to whom is responsible for this account.

    As advised by YYYY of the <collection agency>, on September 12, 2012, a letter was dispatched by Ms. XXXX under my instruction to <collection agency> requesting for debt validation documentation.

    This letter is an amendment to Ms. XXXX’s previous letter to clearly define the roles of you and your agent(s) and to provide to me what is outlined below in this letter.

    Be advised, 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. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

    Please provide me with the following:

    • What the money you say I owe is for;
    • Explain and show me how you calculated what you say I owe;
    • Provide me with copies of any papers that show I agreed to pay what you say I owe;
    • Identify the original creditor;
    • Prove the Statute of Limitations has not expired on this account;
    • Show me that your collection agency are licensed to collect in Pueblo, Colorado; and
    • Provide me with your Collection Agency’s license numbers and Registered Agent.

    If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said 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 in bringing legal action against you for the following:

    • Violation of the Fair Credit Reporting Act
    • Violation of the Fair Debt Collection Practices Act
    • Defamation of Character

    If your offices are able to provide the proper documentation as requested, 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. This includes any information to 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.

    Since <collection agency> received the original debt validation request on September 19, 2012, the deadline date is defined as 30 days of that date. If your offices fail to respond to this validation request within 30 days from said date, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

    I would also like to request, in writing, that no telephone contact be made by your offices to my home. If your offices or collection agency attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to 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.

    Furthermore, I am authorizing Ms. XXXX of City, State to speak on my behalf in all matters in regards to this matter and for my account which has been in effect since September 12, 2012.

    This is an attempt to correct your records, any information obtained shall be used for that purpose.

    ---------------- End of the original letter

    They replied with copies of the contract and a letter giving me contact information and such. I then asked for confirmation of ownership to this debt as follows:

    -------------- Begin 2nd letter dated October 2, 2012
    Thank you very much for providing a copy of the contract and itemized listing for the account listed above. However, you did not provide to me that your agency is legally the owner of this debt nor did you provide the information that you and your agency are licensed to collect in the state of Colorado. My request is in compliance with the Fair Debt Collection Practices Act.

    I am currently in the process of negotiating my debt with several creditors and I have a limited amount of money to pay my creditors. So, I have decided to settle only those debts where I can satisfy the terms and conditions as mutually agreed on between myself and my creditors.

    I have already reached acceptable settlements with a few of creditors and I doubt whether I will have enough funds available at the end of this month. If you are able to prove that you are indeed the owner of this debt then I will be ready to proceed with details towards working with your agency to a mutually agreed settlement.

    I appreciate your expedient efforts you and your company are willing to take in order to help me resolve my debt problems. I am sincerely trying to settle this debt and have it resolved as fast as I can.

    With Kind Regards,


    ------------------ End of 2nd letter

    Do I have a right for proof they own this debt or has been assigned before negotiating a concrete amt? Do they have a time limit in which to provide this information? How should I proceed from this now?

    Any advice is appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,767

    Default Re: Does a Debt Collector Need to Prove They Own the Debt Within a Certain Amt of Tim

    I am unsure what to do from now.
    well, since the only thing they are required to send you is a statement from the original creditor verifying the true name of the debtor and how much is owed, as long as you got that, you can do whatever you want to do and they can continue to attempt to collect the debt.
    I replied immediately asking for proof of ownership of this debt and to provide proof they are operating legally in Colorado.
    they are not required to provide that information.


    • What the money you say I owe is for;
    they aren't required to do so

    • Explain and show me how you calculated what you say I owe;
    they aren't required to do so

    • Provide me with copies of any papers that show I agreed to pay what you say I owe;
    not required

    • Identify the original creditor;
    it seems they have already done this, correct?

    • Prove the Statute of Limitations has not expired on this account;
    not required

    • Show me that your collection agency are licensed to collect in Pueblo, Colorado; and
    not required

    • Provide me with your Collection Agency’s license numbers and Registered Agent.
    not required


    If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said 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 in bringing legal action against you for the following:

    • Violation of the Fair Credit Reporting Act
    • Violation of the Fair Debt Collection Practices Act
    • Defamation of Character
    sure. Good luck with that. So far, it appears they have complied with the FDCPA. As such, the ball is in your court. Either pay the debt, make arrangements to pay the debt, ignore them, or tell them you are not going to pay the debt. They will take whatever action they see fit at that point.


    Do I have a right for proof they own this debt or has been assigned before negotiating a concrete amt?
    No. You can always ask and they should have no problem providing the proof but the only place you can demand proof is in court.

    Do they have a time limit in which to provide this information?
    until this goes to court, they have forever. I already stated what they are required to provide. Once they do that, they need not provide any more information.

  3. #3
    Join Date
    Oct 2012
    Posts
    2

    Default Re: Does a Debt Collector Need to Prove They Own the Debt Within a Certain Amt of Tim

    Just as I thought. I've read so many different websites that my head is spinning and it is difficult to know which to believe.

    Thank you so much for your help, I'm a newbie to these kind of matters.

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