Jump to content

Validation defined?

Recommended Posts

I'm sure this is old news but I think it is worth discussing. if this is true, I have no defense against the jerk CAs.

The FDCPA requires that a collection agency cease collection activity until it provides verification of a debt upon written request received during the validation period. It does not, unfortunately, define “verification.” The FTC and the courts have. The FTC, in its official commentary to the FDCPA, states that validation is “… intended to assist the consumer when a debt collector inadvertently contacts the wrong consumer at the start of his collection efforts.” 53 Fed. Reg. 50109 (Dec. 13, 1998).

The courts have adopted a similar interpretation, stating: Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt. Consistent with the legislative history, verification is only intended to 'eliminate the ... problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid.' S.Rep. No. 95–382, at 4 (1977). There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt.” Chaudhry v. Gallerizzo, 174 F.3d 394, 406 (4th Cir. 1999), cert. denied, 528 U.S. 891 (1999) (citations omitted).

Link to comment
Share on other sites

Actually Aerovette-----you have nailed almost 100% of the problem in just a single question.---collections should be and are not fact based.

Personally I blame our congress---for writing a very ill defined law. Nor do I see congress coming back to revisit these issue any time soon---dispite ample evidence the credit reporting and credit system is now totally totally broken.

Other than certain reforms to the bankrutcy laws that could be better be decribed as corruptions---nothing has changed since the enactment of the FDCPA nearly 30 years ago. Meanwhile the courts and entities like the FTC struggle to make sense out of ill defined laws----and the courts come up with a pile of self-contradictory precedents and the FTC has retreated to a random sideline. And while the cats away the mice will play.

Three developments, all occuring around 1995, have strained this already tenious credit system. (1) The rise of the junk debt buyer---that depend on public gullability because their debt documentation is so poor--no rational society should permit it (2) The rise of internet access for an appreacable

part of this country. (3) The rise of consumer boards---that teach consumers how to evade illegitimate and legitimate debt.

Here we are now a decade later---most consumers are ignorant victims---collectors and credit aware consumers have their favorite law loopholes. And unless the credit aware consumer can catch the collector red handed violating---the collector does not get paid---and the collector can use any dubious piece of paper on a credit report.---and court victories by consumers are overwelmed by collectors getting default judgements against the credit unaware.---meanwhile facts about the actual debt are usually ignored.

But the credit boards and the ill defined laws both tend to make all collector loate to send more than bare minimum validation---and as long as these consumer boards fail to reach out to the huge majority of credit ignorant consumers---I see nothing changing soon---just visit credit boards to see what collectors think of debt validation requests.---with both colllectors and credit aware consumers totally polorized---and moderate positions frowned on.

But right now the US economy is in relatively decent shape---that could change literally overnight---if the Mid-East blows up or we lose in Iraq. There is no end of worse case senarios the present political system could leave us vulnerable to. And in a resulting economic collaspe---collections, credit , and the economy could become front burner issues.

Sorry for the rant folks----but if you think you will get decent debt validation from a collector---it seldoms happens.---and all that round one darn near $5.00 certified letter requesting debt validation will buy you is the certainty that the collector will give you nothing but the bare minimum---its round 2,3,

and beyond that counts.

Meanwhile complain to everyone---these boards, the BBB , your AG, anyone you can think of---stick to the facts---when they don't give you the facts---and let the bastards field complaints until the cows come home---or take em to court---but make sure you have a slam dunk win before you do.

Not all of you will be lucky enough to find a collector citing the credability of a OC so flakey as the company I never heard of until I got that welcome as a new client letter---but just five minutes of internet seach turned up a treasure trove of fraud against that same company---or to receive a fold their tent letter from the same sleezy CA a mere three weeks after that initial welcome as a new client letter---but it was already up to round 2 by then.---just something wonderfully priceless about telling a sleezy CA---chapter and verse---exactly how full of s*** they were.

And even after they folded their tent---I complained to my AG---that at least extracted a promise they would not resell the highly dubious debt--or bother me again on that matter.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.