curlytop Posted August 5, 2003 Report Posted August 5, 2003 I just read this on the edcombs.com website:http://www.edcombs.com/CM/News/news7.asp (about 1/2 way down)The Fourth Circuit has held that "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 detailed files of the alleged debt." It seems to contradict what I believed. Am I missing something?
wokscott Posted August 5, 2003 Report Posted August 5, 2003 Verification is different than validation. If you request validation from a CA they are bound to validate the debt according to the FDCPA. This includes a signed contract and a detailed statement of account. Whereas, Verification is requested from CRA's. In California and other states the FDCPA applies to OC's.
curlytop Posted August 5, 2003 Author Report Posted August 5, 2003 Either way, it says "the debt collector is not required to keep detailed files of the alleged debt" and that is exactly what we are asking for with DV letters. It seems to contradict what I've learned.
admin Posted August 5, 2003 Report Posted August 5, 2003 There is other case law which says that the collection agency needs to provide complete records, starting from the OC, showing that the amount of the debt is accurate. I'll see if I can find the case....
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