DV response from CA

[Silver1]

The CA responded with a copy of a signed contract. But that was all - no explanation or breakdown of the balance they say I owe, which I know I don't. The balance they do say I owe isn't anywhere near what was on the OC's billing statements that were coming in previously. The contract doesn't give any data as to any kind of balance owing.

Can I safely assume this is not adequate validation? In their response the CA pretty much wrote, "Here's what you asked for, now pay immediately or else."

What would be a good response to this? "The document you provided in your response of 8/2005 is not adequate validation. Please provide the following for this alleged debt:

Complete payment history

Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor. (They provided this, but I don't owe what they say I owe - long story, but I don't owe the OC the $ - so I'll leave this one out.)

Letter of sale or assignment from the original creditor to your company.

The source of this debt and the amount your company paid for this debt

How your company has calculated the amount being sought in your dunning notices to me.

This is to notify you, JDB, that the document provided on 8/2005 as validation is insufficient to demonstrate that I owe money to your organization and that I owe the balance your organization indicates I owe via your balance statements.

Please provide to me the above-mentioned information.

Regards,

Silver

Is there anything else I should throw in there?

Thanks!

[IHateCAs]

The CA responded with a copy of a signed contract. But that was all - no explanation or breakdown of the balance they say I owe, which I know I don't. The balance they do say I owe isn't anywhere near what was on the OC's billing statements that were coming in previously. The contract doesn't give any data as to any kind of balance owing.

Can I safely assume this is not adequate validation? In their response the CA pretty much wrote, "Here's what you asked for, now pay immediately or else."

What would be a good response to this? "The document you provided in your response of 8/2005 is not adequate validation. Please provide the following for this alleged debt:

You could try asking them for what they are legally required to provide instead of this other crap IMO. "I dispute this debt completely and require validation pursuant to all applicable law."

Bang, that's it.

All this other stuff you ask for, will give them a reason to send something that is not validation, then tell you they provided validation and give you the run around. In addition it gives them the chance to go digging for documents that might prove their case in court.

Don't ask for a complete payment history.

Don't ask for a signed contract.

If and when you ask for all that stuff, it will be a discovery request. If its a discovery request, they are under the gun to find it in a certain time period AND it costs them $$ in attorney's fees. Until then, just that one sentence I wrote is more than sufficient. They are held to a higher standard and are presumed to know the laws regulating their industry. Not knowing them is no defense (in most FDCPA/FCRA cases).

My follow up letter to them would be:

"I received your letter dated xxx on (insert the date you received it. Check their postmark too).

You have failed to provide the statutory required validation of this debt. I continue to dispute this alleged debt you are claiming.

In addition, the insufficient documents you sent regarding validation are now in violation of 15 USC 1692e and 15 USC 1692g. Since it appears you are incapable of providing competent validation, I demand the following:

A complete retraction of any claim to this debt.

Deletion of any reporting of this debt to the national credit agencies.

An agreement to permanently discontinue collection of this debt and additionally, not re-sell the rights to this debt to another agency who will attempt collections.

I demand compliance in full of these terms within 15 days. Any other action taken by you will result in my initiating a lawsuit against your company in the state court of (your state).

[Silver1]

IHateCAs - this is a great idea. That's true, why am I basically outlining for them what they should already know they need to do?

Okay, so I will leave it at "The document you provided to me 8/2005 does not constitute validation of this debt. I dispute this debt completely and require validation pursuant to all applicable law." And that'll be it. Let's see what happens then.

Thank you!