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  1. #1
    Join Date
    Mar 2006
    Location
    Dallas
    Posts
    1

    Default What Constitutes Validation of a Debt

    I have a Citi Card that has gone to tow collection agencies. I DV them each time and did not recieve an answer. I have now got a Law Firm in Lubbock, Texas that is trying to collect on this account and I sent them a DV and two weeks later I get the following response from them. Note: I also live in Texas, I also disputed the amount they claimed I owed.

    I have received and reviewed you letter and I am now advising you of the denial of any inaccuracy regarding your account. We have confirmed that this is your account. In addition, I am providing you with verification which meets the legal requirements provided by law. Specifically, 15 USC 1692G( provides, in part, as follows:

    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 orignial creditor, the debt collector shall...[obtain] verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgement, or name and address of the original creditor, is [to be] mailed to the consumer by the debt collector.

    The foregoing provision has been interpreted as follows:

    Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detialed files of the alleged debt. Consistent with the legislative history, verification is only intended to "eliminate the ... problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid." There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt. Chaudhry v. Gallerizzo, United States Court of Appeals Fourth Circuit, 174 F. 3rd 394, 406.

    In light of the foregoing authorites, I am supplying you with this letter as verification of the above-referenced information. I will gladly consider any legal authorites you might provide which indicate that I am required to provide any additional information.

    Is this proper Validation? The SOL is still current and I do live in Texas. What response if any do I send them?

    Any help would be apreciated.
    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Disputing a Debt

    You know the creditor, and apparently know the age of the account. The collection agencies have verified their information with the creditor in response to the dispute as to the amount of the debt. You are able to contact the creditor yourself if you believe that the creditor is relating false information to the collection agency.

  3. #3
    Join Date
    Aug 2006
    Posts
    5

    Default Re: What Constitutes Validation of a Debt

    (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.

    This person is hoping you will roll over. Consider this. It says that if you dispute the debt OR request the name of the original creditor... That means that the list of their obligations is addressing EITHER request. See what I mean? If you ask for the name and address as validation, they must do that. BUT if you ask for VERIFICATION, they must do that. The OR is placed there to seperate the two requests and subsequent requirements.

    Is that the ENTIRE letter? If so, I did not see the name of the original creditor anywhere or the address. By THEIR definition they have not met validation if they did NOT include that information specifically. Did they do this? Or did they just point out to you that they did all they have to do?


    Does the bottom of the letter say "This is an attempt to collect a debt..."
    If so, they are collecting (yes a lawyer has to comply with FDCPA if he is collecting) and sent you this COLLECTION letter WITHOUT proper validation.
    If it does NOT say that, then he is NOT collecting BUT you have not received copies owed you. Make sense?

    Find a lawyer. If you are in or near Dallas FtWorth, I know an aggressive lawyer that dislikes CAs.

    Also, if this has been to TWO agencies, where is the proof that the one before this one had a right to collect. What about affidavit of sale? Yes, perhaps they have met the minumum requirements, but I assure you they will need more if challenged in court.

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