Validation Violation from JDB

[SoconfusedTX]

I sent a validation to a collection agency and got a response back from them which consisted of 3 months of statements.

In my validation letter to them, I requested that they send me several things:

proof they own the debt

Payment History

Name and Address of the Original Creditor

and so on.......

I kept extensive documentation on this account because I am the one who requested to have the account closed. I still have each of the statements they sent me.

What I find interesting is the following:

The balance that is shown on the last statement received differs from what the CA is suggesting I owe. It's only about $60 bucks, but shouldn't it match up with what the OC say I owe.

The FDCRA states they have to send the original creditor address, however on the document they sent me in their validation response, shows the OC name but it shows the CA address.

Do I have any grounds to fight back or them sending me the statements for 3 months validate the account and would stand up in a court of law?

[Guest usctrojanalum]

The balance that is shown on the last statement received differs from what the CA is suggesting I owe. It's only about $60 bucks, but shouldn't it match up with what the OC say I owe.

No, not necessarily. Interest still accrues on the account. I'd make a wager that the extra $60 is added interest.

Do I have any grounds to fight back or them sending me the statements for 3 months validate the account and would stand up in a court of law?

they have successfully validated the debt.

[SoconfusedTX]

What about them sending me the OC name but having the address reflect their address.

That seems a little odd to me.

I am probably going to break down and pay them, but when I send the letter to settle the account, do I still deny ownership of the debt?

[1stStep]

Nope - no violation there... as usctrojanalum posted, they validated.

If you are inclined to settle, you can send a letter that reads:

While I still deny the amount of the debt in question, I am making this settlement offer in order to save us both the time and expense of litigation...

[SoconfusedTX]

OK you guys.....I am really trying to figure out how to deal with this.

I called the OC today and played stupid, I told them I fell behind on some bills years ago and that I am now in a position to pay the debt. The young lady gave me the amount of the debt.

She then stated that the debt was sold LHR and that I needed to contact them. (I recorded the call with the OC).

The amount she stated I owe differs from the amount on the document sent to me from the CA.

Is this type of discrepancy allowed by law. I know the law is rather vague and that they only need to send basic information but I have been looking at Texas Statute trying to find any kind of loop hole.

Any help is much appreciated.

[Coltfan1972]

In my validation letter to them, I requested that they send me several things:

The bold part is your problem. You requested, but they provided what was required by law. Your requests have no legal authority backing them, therefore, they are not required to comply with your request(s).

The differing amounts are allowed by law if it is in the contract (which it most likely is) or it is statutory charges, like prejudgement interest. Even in court the amount awarded will be different. The amounts are always changing due to interest, fees, and offsets.

The good news is your account is now with a junk debt buyer and that junk debt buyer will have to document every penny if they sue. Right now, you're going to get varying amounts, and that is not a violation.

[SoconfusedTX]

Coltfan, please elaborate or explain what you mean by "the JDB will have to document every penny".

[Coltfan1972]

Coltfan, please elaborate or explain what you mean by "the JDB will have to document every penny".

The JDB steps in the shoes of the original creditor. Therefore, if they sue you, they must prove the amount they are suing you for is correct. What they can't do (well they can try, but one should object) is just say here is how much he owed the original creditor, so now he owes us the same.

In theory they would be correct. However, they have to prove the original creditors records are correct. That means, generally speaking, they must get the original creditor in court to achieve this.

That is time consuming and expensive. The JDB will have to show the interest rate is correct, the fees are correct, and total balance is correct. They must do this without hearsay (generally speaking). Hearsay is the original creditors records.

So, you have a huge advantage if they sue. If they don't sue, you can't force them to prove all that stuff, however, if they sue, they must prove every penny they allege in the lawsuit.

[Torden]

The JDB doesn't have to prove much, unless you conduct a defense that requires them to prove everything the law allows to be required. One big thing they can be made to prove is that their ownership of the debt. They can also be made to prove you and no one else with the same name and/or living near you, is the real person responsible for the debt. Three old statement printouts don't prove much in court (I can do that because I have a computer and printer). But, in almost all cases, you must raise these defenses in the proper way or the court won't consider them.