Debtconsolidationcare.com - the USA consumer forum

Verification of debt VS Validation of debt

Date: Fri, 08/24/2007 - 08:40

Submitted by kchahn
on Fri, 08/24/2007 - 08:40

Posts: 167 Credits: [Donate]

Total Replies: 11


OK,
This now has me wondering.
What is the difference between Verification of a debt versus the Validation of a debt?

I sent a letter to NAFS, asking for Validation of the claim they were making. I got a reply back, stating that Verification was enclosed.

In my letter, I specifically stated:

Please provide me with the following:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent

Interesting as it is, they provided VERIFICATION of debt, but totally FAILED to address the above requirements! Aren't they required to provide me with said info when specifically asked?

Information appreciated.
Thanks.


From what I hear this is a typical tactic...as far as most are concerned simply regurgitating their own info (and some they could have gotten from your credit report).

I think (not 100% sure) that verification is what the credit reporting agencies do and that is to match up info.

Send this company another letter informing them that they sent you no such validation and regurgitated info does not constitute as such! Are they reporting on your credit report? If so, after you send your 2nd letter, dispute with the credit reporting agency....if the company verifies with the CRA then you have them on a violation and you have a bargaining chip. :)

Hmm..also check to see if they are legally able to collect, make them prove they either own the debt or are acting on behalf of the original creditor.


lrhall41

Submitted by goldenbast on Fri, 08/24/2007 - 08:59

( Posts: 2884 | Credits: )


Based on the info so far, looks like NAFS completely and totally FAILED, and knowingly/willingly FAILED to provide proper validation.

Gonna send a second notice, requiring proper validation.
And that I do not consider their reply to be acceptable.
I'm sure I'll find a way to pi$$ 'em off, if given the opportunity!
Thanks again.


lrhall41

Submitted by on Fri, 08/24/2007 - 11:40

( Posts: | Credits: )


Cajun is right, verification for me was, a piece of computer generated paper typed up with what they wanted me to know. I sent them a copy of my first letter, and another letter saying it was not properly validated.Some do this because they are unable to fully validate!

Good Luck--Good to see you again!!..KAren :D


lrhall41

Submitted by Bossy4455 on Fri, 08/24/2007 - 12:00

( Posts: 5854 | Credits: )


Yes, cajun is right. If it is a purchased debt, they probably don't have anything to send you which would prove the validity. In a follow up, I'd tell them that when, or if, I decide to litigate against them, the truth will finally come out when I get some people under oath and start taking some depositions.


lrhall41

Submitted by Law Student on Fri, 08/24/2007 - 16:13

( Posts: 1182 | Credits: )


Has any progress been made on actually identifying what constitutes "validity of debt"?
(Kansas). I am getting all this junk and would like to sound intelligible when responding as well as being able to defend my position should it end up in court. Any case law that specifically defines debt validity?
Thanks!!!


lrhall41

Submitted by on Mon, 05/03/2010 - 12:23

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Quote:

Originally Posted by Anonymous
Has any progress been made on actually identifying what constitutes "validity of debt"?
(Kansas). I am getting all this junk and would like to sound intelligible when responding as well as being able to defend my position should it end up in court. Any case law that specifically defines debt validity?
Thanks!!!


Hey Hope you find this piece of info useful--
Debt Validation, or "debt verification", refers to a consumer's right to challenge a debt and/or receive written verification of a debt from a debt collector. The right to dispute the debt and receive validation are part of the consumer's rights under the United States Federal Fair Debt Collection Practices Act (FDCPA) and are set out in Title 15 of the United States Code
Subchapter V of that act.

When can a consumer validate a debt?
A consumer can dispute a debt at any time, but only a written request sent within thirty days of the first written notice of the debt triggers validation rights under the FDCPA. The Act spells out specific language which must be included in the first written notice to the consumer, most notably that the consumer has 30 days to dispute the debt and request validation. However, failure by the consumer to dispute the debt during this thirty day period does not constitute a legal admission of the debt.

Any questions, lemme know!!!:D


lrhall41

Submitted by Anthony Robbins on Mon, 05/03/2010 - 16:41

( Posts: 35 | Credits: )


If the collection agency sent a letter to an old address where I do not live anymore and did not live at the time the letter was sent, do I still have the right to ask for validation? Are the required to send validation? I did not know of the debt until I saw it on my credit report. I contacted them at the time I noticed it on my credit report, would this be considered the initial contact?


lrhall41

Submitted by on Thu, 11/25/2010 - 13:22

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