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Debt Validation definition?

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:?: I have been dealing with some bottom feeder at Wolpoff & Abramson I have asked on three (3) seperate occasions for Validation of my debt. Each time they have sent me the same thing back "copies of some ledger entries saying I owe money no real info on the statement about me" " on the cover page all it lists is the Creditor MBNA no address listed"

They have indicated to me that this is more than enough for validation. I have been on line trying to find a specific definition on debt validation. Is there anyone who can say specifically what constitutes a valid validation and state where I can look it up and print it out. I will be taking them to small claims because they filed arbitration against me while the 30 day validation window was open and before they validated. Additionally they have during this whole time have been reporting to the CB. Any help would be appreciated. :?:

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Spears vs. Brennan is an excellent example of what debt validation is supposed to be. Here's a link to the case:http://www.ai.org/judiciary/opinions/archive/03260101.ewn.html

And here's a brief analysis of it: http://www.creditcourt.com/law/fdcpa-spears.shtml

You may also want to check out what the CA's think about Spears vs. Brennan: http://www.collectionindustry.com/forum/messageview.cfm?catid=9&threadid=39

Also the Wollman FTC opinion letter: http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm makes it clear that validation must come from the OC. In other words, anything internally generated by the CA isn't sufficient.

What they sent you is definately not enough. However, keep in mind that in small claims the standards for evidence are generally quite low and the judge/magistrate will most likely make a decsion based on what he/she "feels" is sufficient validation.

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  • 5 months later...

Debt Validation is a pass or fail process.

There is no such thing as a partial validation. Or that I will give you a piece of validation and then continue feeding you pieces of more debt validation as the months go on.

If an outfit "fails" to validate the debt, then there is absolutely no proof that the debt belongs to you.

Often times a CA will hand you junk hoping that it can be passed off as debt validation. If it fails to fulfill the criteria, then nobody proved anything.

Take the crap that this outfit has sent you and forward a copy of it to the CRAs. Specifically explain to the CRAs "where" this outfit is in violation of federal law.

It is not enough to say that this outfit did not prove this debt did belong to me. Explicitly tell the CRAs that this outfit is in violation of federal law. The Wollman FTC opinion letter is a good start since that is the crap that the CA sent you and that opinion letter vividly demonstrates that such ledgers does not constitute debt validation.

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