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Are billing statements considered Verification??


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Hello all,

I recently sent a DV within the 30 day period to a CA on an old Capital One account. (not old enough for SOL) I just got a handlful of statements in the mail and a letter stating that this verifies the debt. No signiture card/contract or anything else. I looked on the site to see if this is a valid verification but didn't see anything definitive. Is this enough to validate?? I am unsure of my next steps since this is my first time dealing with a DV.

Equifax Score as of 5/17/07-563

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"...I looked...but didn't see anything definitive..."

That's because the answer is established by legal precedent which varies by judicial District/Circuit. To get specific requires either familiarily with your state's laws and rulings or lots of research.

There is also a big difference between verification and validation. You might want to start there...I wish you luck! :)

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I meant Debt Validation. If the FDCPA covers this dosen't that make it a federal law? This would seem to trump any district court ruling. Just thinking out loud here. Anybody have any experience with validation for Kentucky?

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OK. So now that I have the docs in front of me let me get into more detail. The account is with Account Solutions Group, LLC. I am putting the text of the letter up since someone might see something I didn't.

"RE: Capital One Bank

BALANCE: $1,037.64

As per your request, please find enclosed verification of your account with capital one bank.

Should you wish to speak to a representative concering your account you may contact this office at 1-888-274-6488."

There is no signature and no name to contact.

Now here is where I am wondering if they messed up. They say that the balance is $1,037.64 but have given me nothing to validate this amount. Since all I have is the statements that they sent me I looked at the last balance shown. The last balance on the most recent statement in the pile is $729.55.

I want to know why ASG says I owe a different amount then what is shown on the last statement? I don't feel that the debt is validated since the amounts don't match. Am I off base or on the right thought track here? What should I do next?

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  • 2 months later...

I, too, am in KY and dealing with ASG for another credit card company. They have yet to send anything to me in the mail but call me at least twice a day. The credit card company will not talk to me. How do I begin to deal with ASG?

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I, too, am in KY and dealing with ASG for another credit card company. They have yet to send anything to me in the mail but call me at least twice a day. The credit card company will not talk to me. How do I begin to deal with ASG?

As with all CAs, send them a DV.

-r

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Verification does not turn on a single document. You have to look at what you received in its entirety. However, a single billing statement can absolutely be considered proper verification of debt.

I will again go back to Guerrero v RJM Acquisitions. This explanation by the court is one of the simplest and in depth of all the verification cases.

The letter did not indicate the amount or basis of the charges underlying the current balance, nor did it indicate the dates on which such charges were incurred.

Can a billing statement indicate all of those things? Absolutely. The achilles heel of a billing statement is the age. It only shows the amount of the debt for a specific period of time. If the amount being collected is the exact same, then it's not such a weakness. If the amount being sought is different, then those differences need to be explained.

But a single billing statement contains lots of information. Charges, payments, interest, name, address, dates.

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