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VALIDATION: Your right to request a contract with a Signatur


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For those of you who want to request FULL validation(A Contract with your Signature and Terms) of a bill this is how I would agrue it,of course this is only my opinion.

Under FDCPA

§ 809. Validation of debts [15 USC 1692g]

(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,.....the debt collector will obtain verification of the debt ,....

... notice that you can dispute the whole debt.

And a debt is defined as:

(5) The term "debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

Now under the FDCPA the CA has the right to just provide you with you MINI-MARANDA'S

ie:

(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.

What confuses alot of people is that the CA is going to provide you with as little information as possible to get you to pay the bill, or maybe even mask the amount and OBLIGATIONS , but the FDCPA still gives you the right to ask for FULL validation which includes all financial obligations.

.... There is a different approach I would use to ask for validation after 30 days.

..It would have to do with misrepresenting the debt! They have to prove that you are obligated(contractual obligation to pay the amount stated)

§ 808. Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

... So based on the above they have to prove you owe the amount they are stating otherwise they would be voilating the "unfair practices" clause!!!!!

How????

By misrepresenting the amount of the DEBT: So, what I would say to a CA is "I am disputing the amount you are billing me and showing on my credit report, I'm asking that you fully valdidate the amount you say I owe you with a written contact and my signature that PROVES I'm OBLIGATED to pay the amount you are stating, otherwise I'm going to have to report you to the FTC for violating the FDCPA by misrepresenting the debt you say I owe, your company may be proscuted for misrepresenting the debt for damages to my credit worthiness. So if your company can't produce a signed contract with all contractual obligations wich amount to the total you are billing me, please remove your entry on my credit report, otherwise I am going to have to excersise my rights as a consumer under the FDCPA!!!

Of course the above is just my opinion, and not legal advice in any form!

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