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Proper debt validation


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I sent a DV letter to a collections company. They send me basically a piece of paper that says "Debt validation" on top, with a couple sentences about the debt. They dont send any documentation or anything like that. Basically just a letter saying 'uh....its valid because we say so".

So then, a few days later i get another letter thats saying "Oh, we got your dv request, we're looking into it".

So i figure "ok, the first letter must be something they send out to everyone, isnt supposed to be intended as the actual DV".

Then, about a week later, i get another letter saying "Information you provided regarding this account has been forwarded to the customer service department for research. However, we have been unable to contact you to discuss this account. If we are unable to establish contact with you regarding this account, active collection efforts will resume."

So...i'm more confused at what to do at this point. I know i'm not under any obligation to talk to them over the phone or anything, i know they didnt send me proper debt validation. I'm just kind of wondering where i go from here.

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Information you provided regarding this account has been forwarded to the customer service department for research.

All they have to provide to validate a debt is the name of the OC, the OC's address, and the amount of the debt.

Are you referring to a collection agency that's working for the OC, or are you talking about a JDB?

Did you send the request within the 30 days after their first contact with you?

What information did you provide that they would be researching?

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All they have to provide to validate a debt is the name of the OC, the OC's address, and the amount of the debt.

"What does a debt collector need to provide as debt validation?

Proof that the collection company owns the debt/or has been assigned the debt. (Bob is legally entitled to collect this particular debt from you.) This is basic contract law. It is very difficult to get a judgment without a direct contract between collection agency and the original creditor.

At a minimum, some account statements from the original creditor. If you really want to get sticky, you can pin them down on the amount of the debt by requiring complete payment history, starting with the original creditor. (How the heck did Bob calculate this debt? What fees/interest Bob has tacked on to this debt and how he determined these fees?) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

Copy of the original signed loan agreement or credit card application. (Your contract with Joe establishing the debt between you.) However, account statements from the original can fulfill these requirements."

Thats what it says on this website at least. They havent provided anything like this, i have no idea how old this debt is, if they're authorized to collect on it, nothing like that.

Are you referring to a collection agency that's working for the OC, or are you talking about a JDB?

I'm pretty sure it's a collection agency.

Did you send the request within the 30 days after their first contact with you?

Yeah, i have the certified mail receipt.

What information did you provide that they would be researching?

Not a clue. I didnt provide them with any information, the debt validation letter i sent basically just said "send me validation of this debt", only one sentence.

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did you at least put your name and address account number? It seems they should have to send, and they know what they have to send. So they probably dont have everything?? maybe send another dv? and include that they didnt send anything more then common knowledge from what was on the original paper they sent you?

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There is nothing in the FDCPA that states a collector must provide proof of assignment or the date of last payment. The case cited (Fields v. Wilber Law Firm) had do with the amount claimed in a dunning letter and misleading information. It wasn't about your basic debt validation.

In any case, you've received conflicting responses. That's confusing. Personally, I think they've validated, but if you can find case law that says otherwise, you could have something.

Also, if you want to make sure you're dealing with a CA vs. a JDB, check the OC's entry on your credit report. If the entry states sold or transferred, you're dealing with a JDB.

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So does that basically mean it is a JDB? If so, how does that change things?

Not only a JDB, but the second JDB. Basically will be impossible for them to prove their case if you handle this right and attack their standing.

This debt is now in the hands of the third party. Both of the other holders of the debt would have to testify and establish a clear chain of custody.

Look what a debacle they are having just coming up with debt validation. Sending you different letters and the right hand does not even know what the left hand is doing.

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