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What is considered "Proper Validation"?

I DV'ed a CA and got a letter on their letterhead with dollar amounts and intrest and some thing that looks like it was made on Quickbooks.

Thanks

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I am confused now.

They sent me a letter on the CA letterhead that says:

My name and address

date

account

Client

Balance

and a paragraph about this is the debt verification you requested.

Does that cut it? How do I know they are even authorized to collect this or even "own' the debt?

What do I do now?

Thanks

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CAs don't buy debts. Junk Debt Buyers (JDBs) buy debts. CAs work, on contract, for either OCs or JDBs to hassle you for the money.

And, according to the FDCPA, they've sent you proper verification/validation.

So, they've pretty much got you. If there's any doubt in your mind that this is not your debt, you can wait for them to sue. If you're sure this is yours, then I'd suggest you call the OC directly and see what you can work out. Personally, I wouldn't deal with the CA...if the OC gives you the "talk to them" routine, ask to speak to a supervisor.

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would it be better to write the OC with an offer to settle for less than the full amount?

Also, how do I cut the CA out and deal with the Oc directly?

thanks for all the info

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If you've got money to work with, then an offer to the OC is worth doing. You can do it in writing (CMRRR) or, as I said, call them and work your way up the food chain until you find someone who can make a decesion.

(You cut the CA out of the loop by ignoring them. Tell the OC that's its your personal practice NOT to deal with 3rd parties and if they want your money, they'll talk with you directly, or take you to court and let the judge decide. That's why you want CMRRR evidence that you tried to work it out).

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As per the fair debt collection practices Act, the collection agency must validate the debt within 30 days of receipt of your DV letter, else you are no longer liable to that particular CA for that debt.

Now, if you have send them the earlier debt validation letter by certified mail, and you have the receipt, then there is no need to worry because if they sue you to the court they cannot bring judgment against you.

This is because firstly they have not validated the debt within 30 days of receipt of your letter and secondly, they have not provided you with proper validation. However, if you do not have any receipt of the DV letter you have sent, you should send another one by certified mail with return receipt.

best wishes

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As per the fair debt collection practices Act, the collection agency must validate the debt within 30 days of receipt of your DV letter, else you are no longer liable to that particular CA for that debt.

Now, if you have send them the earlier debt validation letter by certified mail, and you have the receipt, then there is no need to worry because if they sue you to the court they cannot bring judgment against you.

This is because firstly they have not validated the debt within 30 days of receipt of your letter and secondly, they have not provided you with proper validation. However, if you do not have any receipt of the DV letter you have sent, you should send another one by certified mail with return receipt.

best wishes

WRONG! You have 30 days from first contact to request validation. The CA can take as long as they like to reply, as long as they mark your CRs "in dispute".

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If you've got money to work with, then an offer to the OC is worth doing. You can do it in writing (CMRRR) or, as I said, call them and work your way up the food chain until you find someone who can make a decesion.

(You cut the CA out of the loop by ignoring them. Tell the OC that's its your personal practice NOT to deal with 3rd parties and if they want your money, they'll talk with you directly, or take you to court and let the judge decide. That's why you want CMRRR evidence that you tried to work it out).

Up to what point will the OC work with you, even if its sold to a CA for being a way past delinquent account?

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CAs don't buy debts. Junk debt buyers (JDBs) buy debts. CAs are hired by either OCs or JDBs to hassle you, but, in general, they have little power or authority to enter into a legal agreement regarding the debt.

So...if its just a CA, call the OC and see what you can work out.

If it has been sold (then your credit reports will say "sold to another lender" and the OCs balance will be $0), then its unlikely the OC will get involved. However, if you call OC and offer to pay in full if they'll recall it from the JDB...maybe.

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I am confused now.

They sent me a letter on the CA letterhead that says:

My name and address

date

account

Client

Balance

and a paragraph about this is the debt verification you requested.

Does that cut it? How do I know they are even authorized to collect this or even "own' the debt?

What do I do now?

Thanks

OMG I got the same thing today from Asset Aceptance:

Okay this is WEIRD Asset Acceptance was removed from my credit report like several days after I sent the DV....

Well today I recieve response to my request. It's just a letter saying Asset Acceptance LLC Acct#xxxxxx

Bally Total Fitnes Account #xxxxxx

Dear My Name

Tank you for your request for further validation of your abov e mentioned account.

Enclosed please find an account statement prepared with information provided to us by the prior creditor

Please contact me so that we can work toward resolving this matter....

The second page is on their letter head that again says the original creditor is Bally total fitness

It gives the original account number, balance, principal, interest fees

And below has for my Personal information my current address and then a place for Social Security # that is blank....

C'mon people, this can not be validation what are they thinking????

Desi

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CAs don't buy debts. Junk Debt Buyers (JDBs) buy debts. CAs work, on contract, for either OCs or JDBs to hassle you for the money.

And, according to the FDCPA, they've sent you proper verification/validation.

So, they've pretty much got you. If there's any doubt in your mind that this is not your debt, you can wait for them to sue. If you're sure this is yours, then I'd suggest you call the OC directly and see what you can work out. Personally, I wouldn't deal with the CA...if the OC gives you the "talk to them" routine, ask to speak to a supervisor.

I'm going to TOTALLY disagree wit you. I was sent the very same thing from Asset Acceptance and this is Incomplete Validation. The law is clear that validation is documentation that comes FROM THE ORIGINAL CREDITOR. In my case since the CA sent me back some statement on their letterhead; something other than the original signed contract, they did not validate the debt.

This CA will recieve a second certified letter stating that pursuant to the fdcpa, validation must be original documentation from the original creditor and not their internal paperwork....therefore, they still have not validated the debt and any continuing collection efforts will thus be illegal under federal law.

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But they're wrong aren't they

Much as it pains me to say so, (and I am not in way an Asshat apologist) in the circumstances you have described the answer is no they are not.

They have identified the Original creditor to you, the amount of the debt etc.

They have complied with validation which is a very low threshold.

You either recognise it as your debt or you don't. Whether it is legitimate or not is a whole other story as is whether they can legally collect or not and provide sufficient proof of that to the standard of evidence required by a court.

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So having a bill from last month from the OC (photo copied) stapled to a very generic letter from the CA is verification?

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