I sent a debt validation letter for something on my credit report requesting they provide:
1. The agreement with their client that authorized them to collect on the debt
2. Agreement that bears signature of the alleged debtor where he promises to pay the original creditor.
3. Complete payment history on the account to proove the amount and dates are correct.
CA responded that they do not find my response to be valid and that now I need to write back to them and give them a specific reason for disputing the debt and supporting documentation to substantiate my basis for dispute.
I thought that under the FDCPA they had to respond to my request within 30 day without any questions. Am I required to give them a reason for my dispute and supporting documentation - - which btw I don't have hence the reason for my questioning them.
Are they violating the FDCPA by asking me questions instead of providing the information as they should?
Debt Samaritan
Posts: 16541
Credits: 289114.29658654 Send message to SOAPLADY
You are not entitled to #1 and #3....sounds like you copied on those crappy DV letters that are floating on the web and on this site. If you want the payment history from the OC, YOU will need to call and request it yourself. The only payment history the CA may provide is for any payments you made to them.
You CAN request a copy of prom note, signed card holder agreement etc.
http://www.debtconsolidationcare.com...allenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.
SOL for all states
http://www.debtconsolidationcare.com...imitation.html
The CA is not actually in violation of any FDCPA terms and you don't really need to show them a reason why you are disputing the validity of the debt. Ask for the original agreement with the OC in whichever form it may exist.
Debt Samaritan
Posts: 5223
Credits: 71531.416580171 Send message to OhioGal1
As others have said, they're not really in violation here.
1. They don't have a specific time period in which they have to reply (except in TX). That 30 days you're thinking of is the time they have to allow you to dispute the debt.
2. You do not have to give them a reason for anything. Just tell them you are requesting validation of the debt as per your rights under the FDCPA and you would like to see the original signed contract that proves you are the person responsible for the alleged debt.
I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.
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