fstrfvo Posted September 11, 2021 Report Share Posted September 11, 2021 Contacted BofA to get a DV sent to me. I was very specific of what I wanted, my charge/payment history, interest rate, late fees to show how they came up with the amount owed. For one card they sent me copies of statements starting in 2014 but ended in 2015, showing I owed 5000. they say I owe 8000 The card was closed and CO in 2017. Does this mean they can not validate the debt? Also the address showing is my current address which I just moved here in 2019 so I did live at this address at the time showing on the statements. the 2nd card they showed the debt properly but the address is botched. should read N. Sunflower ave but on the statement is shows North St flower, which of course is not even an address. It is clear they do not have all the proper info. Is there anything I can do to use this info to get them to remove the accounts from my credit file, contact CB, or BofA or nothing I can do? Quote Link to comment Share on other sites More sharing options...
BV80 Posted September 11, 2021 Report Share Posted September 11, 2021 27 minutes ago, fstrfvo said: Contacted BofA to get a DV sent to me. I was very specific of what I wanted, my charge/payment history, interest rate, late fees to show how they came up with the amount owed. For one card they sent me copies of statements starting in 2014 but ended in 2015, showing I owed 5000. they say I owe 8000 The card was closed and CO in 2017. Does this mean they can not validate the debt? Also the address showing is my current address which I just moved here in 2019 so I did live at this address at the time showing on the statements. the 2nd card they showed the debt properly but the address is botched. should read N. Sunflower ave but on the statement is shows North St flower, which of course is not even an address. It is clear they do not have all the proper info. Is there anything I can do to use this info to get them to remove the accounts from my credit file, contact CB, or BofA or nothing I can do? Debt validation applies only to debt collectors. BofA is not a debt collector and was not required to send you anything at all. Even if the debt were being collected by a debt collector, a DV must be timely. It must be sent within 30-days of the initial communication made by a debt collector. That communication usually includes the 30-day validation notice which notifies a consumer of his right to demand validation. In addition, debt collectors are not required to send nearly what you requested in order to validate a debt. A credit card statement showing the amount demanded in a collection letter would suffice. Quote Link to comment Share on other sites More sharing options...
fstrfvo Posted September 11, 2021 Author Report Share Posted September 11, 2021 I was getting phone calls from credit control llc, I called them back and they said they were trying to collect a debt, I told them I wanted them to verify/validate the debt. They said that they did not own the debt and if I wanted that info I had to contact BofA, which I did. So what you are saying is the debt collectors must verify debt but a bank does not? If a bank says I owe said dollar amount is not the burden of proof on the bank to prove the dollar amount or does that only apply if they sue you and have to prove dollar amount in a court of law? If they can not prove to me how much I owe how are they proving to the CB what I owe? 1 hour ago, BV80 said: n addition, debt collectors are not required to send nearly what you requested in order to validate a debt. A credit card statement showing the amount demanded in a collection letter would suffice. I have seen a credit card statement showing I owe 5000 but not the 8000 they say I owe, and this is coming from BofA so they should know how much I owe. Quote Link to comment Share on other sites More sharing options...
BV80 Posted September 11, 2021 Report Share Posted September 11, 2021 29 minutes ago, fstrfvo said: So what you are saying is the debt collectors must verify debt but a bank does not? Read the Fair Debt Collection Practices Act. That is the Act that references debt validation. According to the Act, original creditors are not debt collectors. Unless your state laws require original creditors to validate, then no. The bank does not have to do so. The debt collector should have sent you the 30-day notice. It was wrong to tell you that you must call BofA. 29 minutes ago, fstrfvo said: If a bank says I owe said dollar amount is not the burden of proof on the bank to prove the dollar amount or does that only apply if they sue you and have to prove dollar amount in a court of law? The proof is only required in court. 29 minutes ago, fstrfvo said: I have seen a credit card statement showing I owe 5000 but not the 8000 they say I owe, and this is coming from BofA so they should know how much I owe. Banks are allowed to add interest to debt. When was it charged off by the bank? Quote Link to comment Share on other sites More sharing options...
fstrfvo Posted September 12, 2021 Author Report Share Posted September 12, 2021 charged off in 2017, they only sent me statements from 2014, 2015 showing debt to be around 5000 but they say amount owed is 8000, Quote Link to comment Share on other sites More sharing options...
BV80 Posted September 12, 2021 Report Share Posted September 12, 2021 22 minutes ago, fstrfvo said: charged off in 2017, they only sent me statements from 2014, 2015 showing debt to be around 5000 but they say amount owed is 8000, That’s because interest had been added which they are allowed to do. Quote Link to comment Share on other sites More sharing options...
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