notagain

Why bother with debt validation?

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Question:

So many people contend all CAs need to do is respond with a copy of a statement, and bingo, they have validated, get ready to roll over...

I was dunned by a lawyer on CC debt. I'm pretty sure they are going to have something that most people here will say qualifies as validation.

If the CA is a lawyer, WHY BOTHER?

Is the purpose to try and collect FDCPA violations?

notagain

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It does preserve some rights for people. The point of validation is not to make a party prove their whole case to you outside a Court of law. The legislative purpose of validation was to make the collectors and creditors take a look into their records and make sure they are dunning the correct individual.

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And, more often than not, the CA will see a nwho knows threir rights, and return the debt to the OC...so they can go after the people who will just roll over and cough up money.

And the fact that the letter seems to come from a lawyer doesn't mean a lawyer has even looked at it...

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I would say requesting DV sends a message to a CA that you are familiar with or are researching proper procedures, your rights, etc and will maybe make them think twice before attempting to pull something shady.

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I sent out a couple of DV request to a Ca recently and am waiting to see what they send if anything.

It's unreasonable to expect a consumer to pay a debt that has not been substantiated. Furthermore, a person has a right to not be denied employment, housing, a loan etc. based on other people's unsubstantiated bull****. If I don't receive credible validation I will request deletion from CRAs and sue CA.

These people are impeding commerce and undermining the credit and banking systems. If you can afford an apt. or otherwise qualify for a job or loan and that get's held up cuz of some vulturistic, lazy, bottom feeding CA or JDB who can't credibly validate, they're not only causing you injury, but also adversely affecting the prospective landlord, employer, credit grantor, etc. ability to conduct his/her business. If they can validate their **** and legally establish what they're doing, that's another story.

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since you were dunned by a lawyer take a look at Lesher v Kay

the dunning letter may be a FDCPA violation all by itself

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since you were dunned by a lawyer take a look at Lesher v Kay

the dunning letter may be a FDCPA violation all by itself

Thanks!

notagain

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From a sticky I wrote years ago posted in the credit repair forum:

13. Attorneys put undies on just like you do every morning, One Leg at a Time. Which translated means they're no better then you, so don’t let them scare you.

18. If you get a fancy letter in the mail that has law firm stamped all over it, don't worry. It's just a Collection letter disguised to bring out your worst fears.

--------------------

There is a process you must follow to preserve your rights. For many its a formality, for others it's a means to an end.

You will find that many posters on this web sight have successfully sued and won settlements for simply mistakes made by CA who did not undertand the law or did understand it but decided to not follow it.

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