2nd DV - thx 4 the help & advise

[lilley]

Question: I sent my first dv letter and they responded with a print out from the CA files with nothing from OC. I am getting ready 2 send 2nd ltr citing them. Can you pls tell me if this is too much? Am I giving them too much information that they should already know?

In response to your letter dated August 29th “receipt of your request for validation”, this is not proper documentation. According to the FDCPA statute & FTC, it requires that the debt collector obtain verification directly from the creditor of the debt and mail it to the consumer. Mere itemization of what the debt collector already has does not accomplish this purpose ONLY verifiable proof from the creditor directly.

Again, it is your responsibility to provide me with the following:

• Proof that the collection company owns the debt/or has been assigned the debt.

• At a minimum, some account statements from the original creditor. the amount of the debt by requiring complete payment history, starting with the original creditor.

• Copy of the original signed loan agreement or credit card application.

The copy of your first letter you sent and the statement that you provided have not complied with the FDCPA and are now in violation of the Act.

If your office is unable to supply the information requested for this validation request, I hereby request that all references to this account MUST BE DELETED AND COMPLETELY REMOVED FROM MY CREDIT FILE and a copy of such deletion request shall be sent to me immediately.

The FDCPA simply states, if a creditor can't verify a debt:

• They are not allowed to collect the debt,

• They are not allowed to contact me about the debt, and

• They are also not allowed to report it under the Fair Credit Reporting Act (FCRA). Doing so is a violation of the FCRA, and the FCRA states that you can sue for $1,000 in damages for any violation of the Act.

The Federal Trade Commission clearly spells out that a collection agency CANNOT report a debt to the credit bureaus which has not been validated:

Section 1692g( requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained.

The FTC views reporting to a consumer reporting agency as a collection activity prohibited by § 1692g( after a written dispute is received and no verification has been provided.

As you know, the FDCPA states that under Section 809. Validation of debts [15 USC 1692g]

( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

All future communications with me MUST be done in writing. Thank you in advance for your time and cooperation.

[swirlgirl]

Just know that legally, the CAs does NOT have to send all of that in order to validate the debt. Personally, I think the letter is too much.

[retmar]

The CA is required to obtain copies from the OC. Their own computer generated "statement of account" does not meet the burden of proof. By this, their proof must be on the letterhead of the OC, not theirs. The same applies if a judgement is involved. The proof must be on the court's letterhead. Until such time as debt is proven, they must report it as disputed. Do not jump on a violation here as they do have a fair amount of time to accomplish this. At the same time, reralize that they do not have to respond at all if they so desire. BUT, they must report as disputed. Even though they could ignore your DV and file suit, you still have 809© to protect you, as well as Spears v. Brennan.

Yes, your letter is a little too much. All you need to say is that thier proof does not meet the burden of FDCPA 809 as their "proof" is nothing more than their own computer generated statement. Therefore, until such time as they can send proof of claim on the OC's letterhead, this alleged debt remains "disputed".