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Is an address proper validation?


verifyit
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My husband has been contacted by a local Attorney concerning a debt. We have never heard of the company, Metris, nor have we had any letters or calls from them.

This has been turned over to CACH, LLC (I have looked on budhibbs and found them to be on the nasty list) and they have turned it over to this Attorney. Again, we have never had any letters or calls from them either.

The lawyers letter said they would send validation, which we asked for and all we got was the address of Metris.

This is listed on my husbands credit report, it is a bill for $2,942 with no payments ever being made. Honestly, we don't know what this is for. But now we have gotten a letter stating they they will be initiating judicial proceedings. So my question is, is sending me the address of someone proper validation?

Thanks,

:confused:

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The intent of the FDCPA is that you be given enough information to "refresh" your memory of the original creditor. I could argue that "name and address of the original creditor" meets that requirement.

There are many on this board who will disagree with me and they likely will. It is their fondest wish that the FDCPA required proof of the debt. It does not.

You can choose from several choices.

The first is to call the OC and ask. Metris services for a variety of cards issued in other names. Perhaps that inquiry will trigger your memory and you will be able to deal with the problem.

The second is to buck up and tell the attorney to go soak their head. Fine, you will likely be sued. If sued, you get to either try to fight the lawsuit or fight back with some sort of counterclaim that wraps around an FDCPA violation. Maybe you win and maybe you do not. It will depend on a lot of facts that are not yet in evidence, the mindset of the judge, and your ability to effectively argue your case. Right now, I am not overly convinced you are ready to undertake that argument.

The third is to preempt the attorney and sue for violation. The burden of proof will be on you.

The fourth is to keep listening to everyone telling you this or that and how wrong the attorney is. Go ahead and send the lawyer a letter "ain't good enough". That is not going to stop the lawsuit or do much other than give you moral support. You can judge for yourself the value of that support.

You can probably tell I think you should call Metris and ask. Whatever they tell you should help you make the next decisions. Is it fair what the attorney gave you as an answer? Probably not. But, you are better served being practical at this point.

It is OK to stand up for yourself. Just don't shoot yourself in the foot. Good luck.

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If it helps you any, FDCPOA does not state what "Validation" and "verification" are, nor have any Courts given any enlightement on what VOD is..

But.... the Courts have said what VOD (both terms) is NOT - just look at the laundry list of documents Chaudhry asked for in Chaudhry v Gallerizzo. It ISN'T that laundry List.

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