Jump to content

Proper DV/payment history


Recommended Posts

I have read here that proper debt validation should include "complete payment history". In the case of a credit card, does this mean the CA would need to produce each and every statement showing each and every transaction from beginning to end? If that's the case I can see why DV-ing is so effective. Or do they only need to produce the last statement showing that balance? Or something else? Thanks in advance for any help...

Link to comment
Share on other sites

In the case of a credit card, does this mean the CA would need to produce each and every statement showing each and every transaction from beginning to end? If that's the case I can see why DV-ing is so effective. Or do they only need to produce the last statement showing that balance? Or something else?

Ah...no...not really. The FDCPA is a little vague about what actually constitutes validation. There have been some FTC opinions about it...and there have been court cases regarding validation also.

IMHO, the real answer is...validation is whatever you and the court decides is sufficient to show they have the right person, the right account, the right amount, and the right to collect in your state...and, except for the last one there, they should get all that information from the OC. (We have had examples here where the judges simply says "is this your debt?" and when the debtor says "yes", the judge says "pay the man").

However, validation does work because many CAs and JDBs just don't want to be bothered dealing with someone who knows their rights. There are just too many other suckers out there...

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • 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.