creditobsessed Posted December 8, 2004 Report Posted December 8, 2004 I sent a CA a debt validation letter. It's for a 2 year old medical bill. They sent validation in the form of a signed contract, an itemized statement, and a bill from them. However , they stated that they do not have to provide any information to me about their right to collect. (their exact response was "if we didn't have the right to collect then the account wouldn't be in our office") They don't have to show me any kind of contract etc between them and the OC. Is this true? I can't find anything in the FDCPA that specifically states that they do, but I know that it is part of the DV request, and mentioned in several posts. Can someone give me a little more info. please.Thanks a lot!!
willingtocope Posted December 9, 2004 Report Posted December 9, 2004 You might want to read up on the laws regarding collections in GA at:http://www.lawdog.com/states/ga/st1.htmI didn't read the whole thing, but I see that they at least have to be bonded. Their flipant response is not sufficient to prove their right to collect. Also, I can't find it, but I do remember from somewhere that there's an FTC rulling, or even case law that says you have the right to see the contract between them and the OC...
gdouglaslee Posted December 9, 2004 Report Posted December 9, 2004 Their authority to collect was met when they contacted the OC to obtain verification of the account info and the OC responded by providing them with verification. The CA forwarded it to you. If the CA did not have the authority to collect because the account was not assigned or the OC had no idea who the CA was, the OC would not have responded to the CAs request.So, given that they verified and validated, I guess you'll be setting up a payment plan.
Recovering Attorney Posted December 9, 2004 Report Posted December 9, 2004 I never understood why that request is in the letter. Not like that information is volunteered freely. I think it is more for the situation where you have a JDB or assignee who may sue you, and you need to see the tie in vis-a-vis the FDCPA. I agree. You've got what you asked for as far as your debt is concerned.
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