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 Posted: Fri Nov 24, 2006 6:17 pm Subject: debt validation |
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I sent letter asking for debt validation and the collection company (LVNV's) lawyer sent letter stating that they had asked the company that the debt was owed to, and they said that we did owe money and an amount, but sent no proof other than their letter. My question is what do they have to send as proof to prove that it is an debt that we owe?
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rtaylor1
Joined: 24 Nov 2006
Posts: 3
Debtcc Points: 108
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| Posted: Fri Nov 24, 2006 6:24 pm Subject: |
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How did you ask for the validation? If you simply demanded that they validate the account, their response may suffice. Below is from an article I found, written by Daniel Edelman, a well-known FDCPA attorney:
| Quote: | | The Fourth Circuit has held that “verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt.” Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999); Stonehart v. Rosenthal, 01 Civ. 651, 2001 WL 910771 (S.D.N.Y., Aug. 13, 2001). |
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DebtCruncher
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Joined: 07 Nov 2006
Posts: 1408
Debtcc Points: 16492
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| Posted: Sat Nov 25, 2006 2:25 pm Subject: |
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Welcome to the Community  Have a look at this on debt validation at http://www.debtconsolidationcare.com/validation.html I think it will answer your questions. As far as LVNV goes, good luck on getting a full validation. I have been dealing with them since January, trying to get full validation, they just pass it around to their other agencies. Keep us Posted...KAren
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As long as you are alive, there's always hope
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Bossy4455
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Joined: 27 Feb 2006
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| Posted: Sat Nov 25, 2006 3:00 pm Subject: |
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A collector can always be requested to give the breakdown of the debt even if it is not mentioned in the FDCPA. A consumer can always do the homework by calculating the charges and fees on the total debt. If the collector shows a higher amount than expected, it needs to be immediately disputed. They will have to clarify the dispute with the creditor and return correct information to the person.
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IncredibleHelp
Joined: 30 Jun 2006
Posts: 500
Debtcc Points: 7670
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