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Debt Validation..Is this enough?

Date: Wed, 06/29/2011 - 09:07

Submitted by bektex
on Wed, 06/29/2011 - 09:07

Posts: 7 Credits: [Donate]

Total Replies: 10


I sent a DV letter to EOSCCA, and received back a copy of the original statements, from the original creditor. Is this enough for validation, since my VD letter specifically requested the following:

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

Literally, All I received was a cover letter and 9 pages of statements that look like they could have been printed off a web site, and were not on letterhead; but nothing showing when I agreed to pay them, proof of stat of limitations, that they were licensed in my state, or license numbers. Am I splitting hairs, or do I respond that they did not fully validate?


The infamous pay for delete...they just dont happen. Did you read about it at the same place you got the basis for the dv letter?

Pay for deletes are basically goodwill....goodwill extended to a good customer they want back. For a good customer they might delete a few lates. For a charge off? They have nothing to gain....they dont want you back as a customer since you couldnt pay your bill. Most companies have a policy of no pay for deletes...the costs in labor hours is just too expensive for them and they get no benefit.

FYI...no CA is going to negotiate thru the mail.


lrhall41

Submitted by SOAPLADY on Wed, 06/29/2011 - 10:22

( Posts: 17315 | Credits: )


Yes, I did hear about the Pay to Delete from the same place I got the body of the DV letter. But, it is also discussed in this forum.

Question 1: What harm would it do for a collection agency agree for a pay to delete? They get their money, I get it off my CR.

Question 2: How do I negotiate with a CA, if not by mail? I have no way to record calls, as recordings are always distorted. If it came down to it, it would be my word against theirs.


lrhall41

Submitted by bektex on Wed, 06/29/2011 - 12:31

( Posts: 7 | Credits: )


It really depends. If it's a JDB, yep...they paid almost nothing and it would probably be pretty easy to get them to settle but, why would you bother if they can't validate?

If it's a CA who's been assigned by the OC, they may have some docs to back up their efforts.

How old is this debt?


lrhall41

Submitted by OhioGal1 on Thu, 06/30/2011 - 10:18

( Posts: 5253 | Credits: )


What I said yesterday was that if they were able to produce statements for the past 9 months of activity, you should settle. It's highly likely they have the proper validation or will easily be able to get it from the OC.

When you say this is a "new debt," what are you saying exactly? Are you saying this is a CA working on behalf of the original creditor? Has this account been charged off? Does the original creditor still own it and they're assigning it to CAs or is this a CA who has purchased your debt?


lrhall41

Submitted by OhioGal1 on Thu, 06/30/2011 - 13:37

( Posts: 5253 | Credits: )


Debt verification, per FDCPA 809(b), is not a process of proving the legitimacy of the debt. It is a process for validating that the OC asserts a debt, that the debt collector has collection authority, the name of the OC, and the amount of the asserted debt.
The debt collector need not provide OC account documents in order to satisfy the debt verification requirements of FDCPA 809(b). They dont have those business records as a normal course of business.
Proof of legal legitimacy of a debt can be obtained as part of the legal discovery process should any legal proceeding be initiated, but is not a requirement in the administrative debt verification process under the FDCPA.


lrhall41

Submitted by Lian on Fri, 07/01/2011 - 15:37

( Posts: 234 | Credits: )