rm2738 Posted February 22, 2009 Report Share Posted February 22, 2009 I requested validation, Resurgent sent me a letter from their company stating that they purchased the debt from the original creditor and quoted a balance. Pretty obvious that this does not meet the requirements for validation correct?Thanks in advance. Link to comment Share on other sites More sharing options...
Wiser Now Posted February 22, 2009 Report Share Posted February 22, 2009 I requested validation, Resurgent sent me a letter from their company stating that they purchased the debt from the original creditor and quoted a balance. Pretty obvious that this does not meet the requirements for validation correct?Thanks in advance.Actually, what you got conforms to the exact language of the Act and is consistent with the Chaudhry opinion.To me Chaudhry is one of those "unintended consequences". It was a case that should never have been filed in the first place but, there you have it, the generally accepted standard and will remain so until someone creates case law that is more consumer friendly.You could perhaps try to make a legal argument that the creditor failed to conform to the Wollman letter and secure verification from the OC, but it would be a very difficult proposition to prove.Validation is not a panacea that solves very many problems. Everyone has the right to request validation for any reason or for no reason at all. Originally, validation was included as a feature of the FDCPA to deal with cases of mistaken identity. If there is a question of mistaken identity here, I think a fraud affidavit will be more helpful. Link to comment Share on other sites More sharing options...
cjtx Posted February 23, 2009 Report Share Posted February 23, 2009 There is a requirement under FDCPA for the JDB to get records from the OC and send them to you, but many judges will take the position WiserNow described, that unless there is a case of mistaken identity, any record that shows your name and address meets the JDB's burden of proof for verification purposes. The main thing is they do not have to prove the amount owed.Are they reporting to the CRAs? You could ask the JDB to get records from the OC or if they are reporting to the CRAs dispute the account with the JDB and the CRAs under FCRA 623( and/or Tex. Fin. Code 392.202. Under Texas law you can request they delete until the account is verified. In case of a dispute, the standard of proof is higher than the JDB's own records. Link to comment Share on other sites More sharing options...
astiman Posted February 23, 2009 Report Share Posted February 23, 2009 Under no circumstances does this constitute validation. Link to comment Share on other sites More sharing options...
rm2738 Posted February 23, 2009 Author Report Share Posted February 23, 2009 Under no circumstances does this constitute validation.That's what I assumed. I used a form letter provided on this site to request validation which included an agreement between the JDB and the OC, which allows the JDB to collect on the debt, payment history, etc.The other thing that came up was that per the texas Finance Code, a debt collector must be bonded in texas, Resurgent does not have a bond. LVNV does though. Any advice on how this applies? I'm still confused on what each one of the companies is related to LVNV and the hundreds of "affiliates." Link to comment Share on other sites More sharing options...
cjtx Posted February 23, 2009 Report Share Posted February 23, 2009 Under FDCPA verification you will not get a copy of the contract with you, bill of sale, payment history, etc. You may get a copy of a statement, and that is by far more than what most JDBs will produce.Btw, Resurgent Capital Services is bonded. Link to comment Share on other sites More sharing options...
rm2738 Posted February 24, 2009 Author Report Share Posted February 24, 2009 Under FDCPA verification you will not get a copy of the contract with you, bill of sale, payment history, etc. You may get a copy of a statement, and that is by far more than what most JDBs will produce.Btw, Resurgent Capital Services is bonded.I see that about resurgent now... I swear it didn't come up when i first searched.I wasn't looking for a copy of a contract with me, I was referring to documentation that Resurgent was authorized by the OC to collect the debt (A contract or agreement between the OC and CA). Link to comment Share on other sites More sharing options...
cjtx Posted February 24, 2009 Report Share Posted February 24, 2009 All they have is a spreadsheet with a bunch of names, account numbers, ssns and amounts... and they are unlikely to release it unless you request it during discovery. Link to comment Share on other sites More sharing options...
Wiser Now Posted February 25, 2009 Report Share Posted February 25, 2009 Under no circumstances does this constitute validation.This statement is quite strongly worded as if it were fact. I do not believe it is accurate.As I said earlier, read the Act for yourself (it is easy) and then read the Wollman Opinion Letter and then read the Chaudhry case.I don't like the conclusion any better than anyone else. But it is what it is. Hopefully, Congress will rewrite the Act in the next couple of years and we may get some changes to recognize modern reality.If the poster wishes to take issue with my statements, I invite a response, but ask that statements be supported with legal citations.Please and Regards. Link to comment Share on other sites More sharing options...
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