DV response requesting acct #'s

[FishOn]

Sent 3 CMRRR DV letters to IC System, 1 delivered Mar 8 (other 2 unknown as of yet). Got letter today dated Mar 8 re one account stating they are unable to locate that account number and are requesting the complete account number since Experian truncated it.

They have my name and address (obviously), aren't they responsible for validating my debt when asked? Where in the FDCPA does it say I am responsible for providing account numbers?

I think I have a good handle on the DV process for a newbie but in reading § 809. Validation of debts [15 USC 1692g] doesn't it say I have to start the DV process within 30 days of being notified by the CA?

Is their 30 day clock still ticking or did it restart with this "response"?

Thanks again for all y'all are doing here

[HeartRN]

Don't give them your account number, that's their job to prove that debt is valid. Are they reporting to the CRAs? And they don't know your account number??

[divemedic]

Keep that letter. You may be able to use it to prove they cant validate

If the account isn't yours, how would YOU have the number? I would write them and point that out and tell them they must delete if they can't find the account.

[Tarheel Jack]

What a bunch of clowns...

They're asking you to validate for them?!?

Follow divemedic's advice, and DEFINITELY keep that letter.

[FishOn]

Dear ICS:

I received your letter dated Mar 8 requesting that I supply the account numbers for collection accounts you are attempting to collect as indicated by my credit report. In accordance with the Fair Debt Collections Practices Act it is your responsibilty, not mine, to validate these debts by supplying the information I formally requested in my correspondence dated Mar 1.

I am under no obligation, nor am I able to provide account numbers for debts I do not owe. Since you are unable to legally validate these debts, by law you must stop all attempts to collect them including reporting them to credit reporting agencies.

Sincerely,

Me

How does that sound? Do I need to supply them with any ID information other than my name and address? I of course gave them the truncated account numbers, though I do not know why they specified EX.

Oh, and yes, I will Definitely be keeping their letter!

Thanks again!

[divemedic]

I would not try to be so "legal". Try this:

I am in receipt of your letter dated March 8. Since I have no recollection of any account with your firm, I am unfortunately unable to provide you with account numbers. If you are unable to find any record of this account, I demand that you cease all collection activity, including reporting to my credit file immediately. Failure to do so may subject your firm to further legal action.

[FishOn]

Well, I sent the above letter you recommended and today I got back this:

Thank you for the attached information. unfortunately we are unable to locate the IC System account number that you are inquiring about. Please return this attachment with the complete I.C. System account number.

If you received a letter from our office an account number was included.

[debt collection disclaimer]

Sincerely,

Some Booger Eating Moron

I.C. System, Inc.

Collection Department

How good is this?!?

[DocPC]

What a bunch of assclowns.....

[GreatGadsby]

if they can't validate the debt (& obviously they're a bunch of morons) then it's either gonna be deleted by the CRA, or if they verify it anyway, then you have cause to sue.

[divemedic]

They are trying to use the "frivolous" defense in the new FACTA. .

623(a)(8)(F)

(i) In general. This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including--

(I) by reason of the failure of a consumer to provide sufficient

information to investigate the disputed information; or

going on:

(ii) Notice of determination. Upon making any determination under clause

(i) that a dispute is frivolous or irrelevant, the person shall notify the

consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the person.

(iii) Contents of notice. A notice under clause (ii) shall include--

(I) the reasons for the determination under clause (i); and

(II) identification of any information required to investigate the

disputed information, which may consist of a standardized form

describing the general nature of such information.

However, I don't think it is reasonable to force a consumer to come up with an account number when they do not even know what you are talking about. After all, if they are reporting to the worng consumer's CR, how would you have the number?

[FishOn]

I'm sticking with the booger eating moron theory since if they were trying to say I was making a frivolous claim they would have had to have said they felt it was frivolous.

Looks like I get to write a nice little reply to them now.

[FishOn]

So how do I best proceed:

Dear ICS:

You have received repeated requests from me to validate a collection account (#######) you are reporting to CRA's as well as a request to provide information regarding a paid collection (#######) that is also on my credit report. Your responses (copies enclosed) indicate you have no record of these accounts. I also do not have any record of these accounts and I am taking this opportunity to demand again that you contact all credit reporting agencies you are reporting these accounts to and tell them that they should be removed immediately. Failure to do so will be considered a willfull violation of the FDCPA and I will take immediate legal action aginst ICS.

Sincerely,

Me

How does something like that sound?

As for the CRA's do I write them requesting method of verification now?

Thanks again, these accounts have been bugging me for years!