Can I get validation

[debtangst]

Hi, I have been paying a CA who is farmed out by Resurgent Capital. I was unaware that I could demand verification so the thirty days has passed. I have contacted to original creditor who says they sold the debt to Resurgent Capital. The CA is charging me interest in the same amount as the original creditor. Resurgent, however, denies (verbally) that interest is being charged but the CA admits it. Can they charge me interest? Do I have any recourse for determination of the debt ownership, etc?

Thanks

[Wiser Now]

The FDCPA gives you the right to request validation at any time. However, (and this is a big however), if the request is made after the validation period (the first 30 days following initial contact), the collector is not required to cease collection activity. Further, since FDCPA contains no deadline for providing validation, the collector may freely choose to ignore your request since technically they have until the end of time to respond.

If the debt provides for interest, then the collector may collect interest. Unless the note provides for something very unusual, there is no prohibition against collecting interest.

As to the different answers from Resurgent and the CA, who knows? I am not sure it makes a lot of difference. As a long shot there might be some sort of misrepresentation of the debt but to use that fact you would need to file a lawsuit and prove they misrepresented the debt.

[gundar.twinklefluffy]

The FDCPA gives you the right to request validation at any time. However, (and this is a big however), if the request is made after the validation period (the first 30 days following initial contact), the collector is not required to cease collection activity. Further, since FDCPA contains no deadline for providing validation, the collector may freely choose to ignore your request since technically they have until the end of time to respond.

If the debt provides for interest, then the collector may collect interest. Unless the note provides for something very unusual, there is no prohibition against collecting interest.

As to the different answers from Resurgent and the CA, who knows? I am not sure it makes a lot of difference. As a long shot there might be some sort of misrepresentation of the debt but to use that fact you would need to file a lawsuit and prove they misrepresented the debt.

I have requested validation on a collection debt that was paid. Have not heard back from the agency yet. If I get no response by the end of the month I am going to give a dispute with the CRA's a shot and see what happens.