DV Responses
Date: Thu, 01/22/2009 - 09:50
1) CA for Verizon: They sent copies of my old phone bills. They did not confirm their license to collect or a signed contract with my signature.
2) CA for Apartment: They sent me a copy of my application and a breakdown of the charges. I left the apartment after 12 months of leasing and did not break my contract I was not aware that I had to give notice before I left. This is where the charges stem from. Should I go the PFD route?
Also, if I requested 5 things for validation and they only provide 2 or 3 can I still request the rest or is it a moot point? I appreciate any and all responses.
Hi Texas As a proper debt validation, the creditors must provid
Hi Texas
As a proper debt validation, the creditors must provide you with a copy of the original contract between you and the creditor and the details of the outstanding bills. If a collection agency has purchased the debt, then in addition to these above two documents, the CA must prove that they have purchased the debt from the OC. They need not send you their license details as documents towards debt validation. However, the creditor or the collection agency has 30 days to validate the debt from the date they receive your debt validation letter. If they cannot validate it within this period, you are not liable to pay them off.
reply
actually,only one state i know of is TX that has the 30 day validation requirement.other states have no real time limit.they just can't attempt to collect without validating.
And Massachusetts, a debt collector must send you a signed contr
And Massachusetts, a debt collector must send you a signed contract and full account history within 5 days after the debt is disputed, if disputed within the 30 day period.
Quote:creditors must provide you with a copy of the original con
Quote:
creditors must provide you with a copy of the original contract between you and the creditor and the details of the outstanding bills. If a collection agency has purchased the debt, then in addition to these above two documents, the CA must prove that they have purchased the debt from the OC |
Nowhere in the FDCPA does it require a CA to provide a signed credit application or proof they have purchased a debt. Those would only be provided during the discovery phase of litigation.
Texas does not require a CA to be licensed but they are required to post a $10k bond with the TXSOS. See the links in my signature for more info.
It's interesting then that the sample DV letter so often referen
It's interesting then that the sample DV letter so often referenced to on this site includes the request for the original credit application and proof the CA owns or has been assigned the debt.
What about the complete payment history that is also requested by the sample DV letter on this site?
What MUST a CA send you as proper validation to a DV letter?
?? 809. Validation of debts [15 USC 1692g] (a) Within fi
?? 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.