never been addressed on this board
Date: Tue, 12/04/2007 - 22:04
Being a lender, I have received these validation requests on occ
Being a lender, I have received these validation requests on occasion. While an OC is not really required to validate per fdcpa, I usually comply with my customers' request just so that I can "put the ball back in their court."
My proof generally comes in the form of the original contract, which I make a copy of and send back to the customer along with a payment history. As to a JDB, they should have an "assignment notice" from the original creditor showing that the account has been transferred and they now own it. A CA who hasn't bought the debt, but is working for the OC, I would think should be able to furnish something indicating that the OC has authorized them to collect on the account.
When a customer inquires about my license I simply provide them with my license number, the phone # to DFI, and a statement that they can call the state to verify my license.
This is a great question! I have heard of some people here just
This is a great question! I have heard of some people here just getting copies of statements and payment histories when trying to validate a debt.
Per fdcpa, what type of documents is the debtor entitled to that would serve as validation of the debt?
This question has been discussed in the past and the main proble
This question has been discussed in the past and the main problem is the statute is not clear on what they must provide.I am linking a old post where myself and lawstudent debate it. The thing you should keep in mind is what evidence do they need if your alleged debt goes to court. That is the view I take on validation.
http://www.debtconsolidationcare.com/collection-agencies/debt-validation.html
thank you debtcruncher.i think if people know what they should b
thank you debtcruncher.i think if people know what they should be looking at would make them know if they being taken or not.in my case i have not been shown any license numbers to collect in my state,no break down of moneys just a balance then fees and interest amount.no assignment sheet even,but i read everything close and more than once because you dont notice things close just one time of reading it.on the debt owed sheet i noticed the cc comapnys name but had the ca address that is misrepresenting themselves and maybe mail fraud.i have not seen the name one time thou of the ca who hired the attorney.
This one account that I have been fighting for almost two years
This one account that I have been fighting for almost two years has been given to yet another of their agencies. The part at the bottom where it says you have 30 days to dispute now says that if requested, the will send a debt "verification" and the original creditors name and amount owed. Wonder if they are trying to get our of giving full validation? I haven't seen this before!..karen
never been addressed on this board
bossy i am not smart on this stuff but using what i do know and learnt sounds to me they state verification they are hoping you will not be on your toes and send them a letter asking for verification not Validation then they can say yes it is yours by name or how ever they do that verifying and in mean time stall til the 30 days are over so you cannot ask for it when you see your mistake of asking for verifation not validation.
Quote:i have seen it numerous times as part of the validation to
Quote:
i have seen it numerous times as part of the validation to ask for proof they can legally collect the debt! well what should this proof look like? is it a form or what? also their licensing to collect in the state being sued what should it look like or in what form? |
Many people get this confused. However, the proof they are actually looking for in reality is that the collection agency or attorney is currently licensed (or in the case of an attorney a member of the state bar) to collect debts in your state. This gets muddy, as most states that require licensing, will also accept reciprocal agreements if the states they are licensed in has similar requirements and will also recognize out of state licensee.
For example, Illinois requires Collection Agencies to be licensed. However a collection agency in Ohio that is not specifically licensed in Illinois can still collect in Illinois because Ohio has the same licensing requirements as Illinois, and recognizes Illinois licensed collection agencies in the same way.
As am example, here is the enacting clause form the Illinois Compiled Statute.
[quote](225 ILCS 425/4) (from Ch. 111, par. 2007)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4. No collection agency shall operate in this State, directly or indirectly engage in the business of collecting, solicit claims for others, have a sales office, a client, or solicit a client in this State, exercise the right to collect, or receive payment for another of any account, bill or other indebtedness, without registering under this Act except that no collection agency shall be required to be licensed or maintain an established business address in this State if the agency's activities in this State are limited to collecting debts from debtors located in this State by means of interstate communication, including telephone, mail, or facsimile transmission from the agency's location in another state provided they are licensed in that state and these same privileges are permitted in that licensed state to agencies licensed in Illinois.
(Source: P.A. 88????????363; 89????????387, eff. 1????????1????????96.) [/quote]
Hope that helps make it clear as mud.
problem in your case after searching collection posts is credib
problem in your case after searching collection posts is credibility that you have not established
pay your bills ans stop trying to act like you don't owe
pay your bills ans stop trying to act like you don't owe
Problem is with you -read all my posts--I am out of debt, and th
Problem is with you -read all my posts--I am out of debt, and the one I am talking about I have paid over 14,ooo dollars on a $780. balance-I have paid my debt.