Debt verification letter sent -- they responded -- now what?

Yes they do have to provide more than that, that's not proper validation. I believe a sample letter is in the DYI section of this forum, look it over and send that to them. Tell them that you're not asking for them to simply "verify" that they have your name and address with an alleged debt attached. They must prove that you have some contractual obligation to them (this sounds like a dabt buyer).

Thanks for the info. I'm new to this site - could you please tell me what the DYI section is?

thanks!

DIY or "Do it Yourself" is a self help section in which you will find sample letters and negotiation tips to deal with the creditors or collection agencies. Follow this link

http://www.debtconsolidationcare.com/diy/

Send a dispute letter to the CA mentioning the details that you need to receive as per the debt validation terms.

So great! Thanks very much - I'm happy to have found this site!

Under fdcpa, the collector must be able to give you proper evidence that their claim is legitimate. To prove so they must include
??????? Documents that prove they legally own the debt and have been authorized by the OC to collect it from you.
??????? Complete payment history from the original lender.
??????? A copy of the original legal contract or financing agreement that you signed with your creditor.
And if the CA responds to the DV in writing and yet doesn????????t include sufficient evidences then they are definitely violating FDCPA. In such case, you can send them a second letter notifying that they have not validated the debt properly so they must cease all collection efforts. When a debt collector doesn????????t provide you the proof that you actually owe them money, then why would you pay them?

What happens when you have sent the request three different times within the 30 day time to request the validation and have received nothing. What is the next move one should take?

ladybug

ladybug -

I would keep all documentation regarding that validation letter and hopefully you sent it certified/return receipt requested so you can prove they received it. It will prove useful in the future if they attempt to collect on this debt again. If you receive another attempt to collect the debt, take this to your state's Attorney General and file a complaint based on the fact that they have not validated the debt and continue to try and collect on said unvalidated debt.

I asked for debt validation--did not receive
6 months later a summons was delivered to me

Counter sue. FDCPA violations require *you* to claim them in court.

Sounds like my situation. I am thinking of countersuing, as the CA has not properly validated the debt, but issued a summons. They also ignored my request for discovery, and now the judge is giving them until October to comply. I have filed a complaint against this company with the state Attorney General's Office, and the FTC. I have also researched case law supporting my case, in case (no pun intended) it comes to that. I don't want to spend the time on a counter suit, but at the same time I am very angry that collectors can basically say "you owe me money", not provide any proof, and then drag you into court. At this point, the only "evidence" I have received is a piece of paper saying "you owe us xxx amount of dollars." They did send a copy of an NFA arbitration award, made out to a different CA, but it contained false information. It said I received a copy of the award, which I never did. It also said I entered into a written agreement to arbitrate on such and such a date, which I have no recollection of doing. I recently read a case decided by the Supreme Court of Kansas, stating that an arbitration award could only be enforced if a copy of the written agreement to arbitrate was attached to it, which the CA certainly did not do. No other validation has been provided. Nothing from the original creditor, not even the original creditors adress. The only thing the CA's attorney said to me at the case management meeting is that they usually order documents after an answer is filed. I filed my answer over three months ago. I have a pre-trial conference in 4 months, and I am trying to think if there is anything I should do before then. I hate sitting on my hands, waiting for the CA to act. This is really annoying.

this scares me, because i had a couple of creditors ignore my validation. i expect them to come back eventually but i do not know what else to do before than?
i am scared of getting a summons out of nowhere but I know i could come here and get advice on what to do next. i had my idenity stolen before and have been billed for accounts that were not really mine so i cannot take any chances.

I never received a letter from them in the mail. Never heard from them until one day my doorbell rang, i went to it and the Sheriff was there with a summon's for court. It was for LVNV Funding who i had never heard of, and so i did a web search which led me to you, i looked through and found CajunBuldog's version of the Debt Verification Letter

sorry cat jumped in my lap and it sent the message! lol!! Anyway, i faxed it to them because all i had was a phone and fax and a po box and it wouldn't have gotten to them before the court date. about a week later i get a thing from the court telling LVNV that i didn't show for court and they can put out a warrant for my arrest if they want them too. i almost died. i am such a goodie two shoes, i can't even begin to tell you. So as i got an ulcer over the next week i got home today and i had letters in the mail from them saying" we have taken the necessary actions to ensure you will receive no further communications from Resurgent Capital Services L.P. If you have any further questions, please contact one of our customer service reps toll free @ 1888xxxxxxx.
Enclosed please find an original validation of debt that verifies this debt.
Sincerly
Customer Service Dept.
Resurgent Captial Services L.P.
at the bottom of the page though there is this pararaph about information regarding your legal rights and it says:
unless you notify us within 30 days after receipt of this notice that you dispute thevalidity of this debt, or any part of the debt, we will assume the debt is valid. If you notify us in writing within 30 days after receipt of this notice that you dispute the validity of this debt, or any part of this debt, we will obtain verification of the debt or a copy of a judgement against you, if there is one, and mail such verification or judgement to you. If you make a written request within 30 days after the receipt of this notice for the name and address of the original creditor, we will provide the name and address of the original creditor, if different from the current creditor.
this is an attempt to collect a debt and any information obtained will be used for that purpose. this communication is from a debt collector.
help i thought they were going to leave me alone but the bottom paragraph scares the poo out of me please help

Quote:

what if you are guilty and you do owe this money and you have no income.. What can they do to you?