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What exactly constitutes proper validation?

Date: Fri, 06/08/2007 - 20:07

Submitted by skydivr7673
on Fri, 06/08/2007 - 20:07

Posts: 2036 Credits: [Donate]

Total Replies: 5


I think this needs to be explained a bit. Recently, there are people asking about whether or not the reply they got to a DV letter is correct validation. I would like to see what everyone thinks of this.

What exactly must a company send as validation in order for it to follow the fdcpa??


Sky that is really a loaded question because the statutes never defined in stone what validation is. I have some caselaw along with Ftc opinion letters that I can pm to you. The main thing we can define is what improper validation is. The purpose of doing a validation is for the collector & consumer to verify that the consumer is the correct person,the debt is for the consumer,the amount of the debt is correct,and the collector has the right to collect it. Per the Wollman letter written by the Ftc,the statements or proof must be obtained from the original creditor and mailed by the collector to him.


lrhall41

Submitted by cajunbulldog on Sat, 06/09/2007 - 05:42

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Canjunbulldog, could you also please PM me some caselaw examples you have? I received a so-called debt validation letter in December 2006 from Pallino Receivables, and haven't heard anything since. This is regarding a cc debt that was charged off in 2002. All this letter states as far as DV goes is the account number, original issuer, and amount I owe.


lrhall41

Submitted by joshua1987tree on Sat, 06/09/2007 - 08:26

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I am not sure how to proceed right now. I am dealing with payment arrangement for 3 pdls, and overdue credit cards and a utility bill that will be made current in the next two months. I have to tackle a $500 medical bill and payoff 2 personal loans to friends, so I don't have the cash to make a settlement off to this company. They haven't called or written any other notices since then, and it's been almost 7 months now. Before that, another CA had this debt, but it's been a year and half since that notice. So I don't know if I should send the DV letter or not. I checked my credit report and the SOL will be up in July 2009.


lrhall41

Submitted by joshua1987tree on Sat, 06/09/2007 - 09:53

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