Jump to content

And yet ANOTHER validation question

Recommended Posts

I have read many many MANY posts about validation. I can't seem to find one that covers my particular situation. So if it has been covered, point me to the post and I'll fade off into the sunset:)

Here goes...

I did in fact have an account with the OC and it DID in fact go into collections. I have verified that the account was sold to a CA. All KNOWN facts.

NOW, here is the sticky part. The CA that the OC sold to is NOT the one that is calling me. I disputed not based on the validity of the debt, but on THEIR OWNERSHIP of the debt. I can't find anything in the FDCPA that covers that, nor do I see it posted. Validation will only confirm that I once had a debt with the OC based on the MINIMAL requirements of validation.

It does not appear that the CA has to prove they bought the debt. Is it to be assumed? Will the courts simply say that they MUST own it or they would not be collecting?

How do I halt collection activity based on a requirement that does not exist?

This CA has lied and broken laws, how can I assume they have a valid right to this debt? For all I know, THEY ALREADY SOLD IT and are just trying to collect and some NEW CA is going to come right behind them and try to collect again.

Link to comment
Share on other sites

None of this is cut and dry, and, ultimately, it would be decided by a judge...but...

Sometimes the junk debt buyer (JDB) that bought the debt hires another CA to do the collecting for them. So...you might be contacted by someone completely different.

Regardless, DV them...and the JDB if you're sure of your facts. The fact that you owed somebody somewhere does not entitle a JDB to collect it. A court may see things differently, but, usually if a JDB does sue, they don't expect the poor debtor to fight them...

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.