What validates an account?
Date: Tue, 07/19/2011 - 08:39
No this is not a proper validation letter. You may make a writte
No this is not a proper validation letter. You may make a written request to the CA to validate the debt again. If the CA still does not validate the debt properly, then send a Cease and Desist letter to them via certified mail.
Hi Rozo, This is just a part of the validation process. In add
Hi Rozo,
This is just a part of the validation process. In addition to the account statements, the collection agencies are also supposed to provide you with the proof that the creditor has given them the right to collect the debt.
Thanks,
Marvel Becks
Quote:he collection agencies are also supposed to provide you wi
Quote:
he collection agencies are also supposed to provide you with the proof that the creditor has given them the right to collect the debt. |
No such proof is required.
This is what American Recovery Service Inc says about FDCPA
According to ARSI, this is what their response was when I asked them to validate my debt: "Be advised that per the FDCPA, a verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep files of the alleged debt. Consistent with the legislative history, verification is only intended to "eliminate the....problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid. There is no concomitant obligation to forward copies of bills, copy of a signed application, or other related evidence of debt. With that being said, I believe we have provided you with ample documentation as verification."
Who is right then they are or the FDCPA? Don't they have to prove that they have an agreement with AMEX to collect this my debt? Not even my signature is anywhere on the statements they have provided. I'll have to get the info from the horse's mouth then.
the biggest problem with the FDCPA is that it is not explicitly
the biggest problem with the FDCPA is that it is not explicitly defined that validation is. a large part of what they told you is word for word from the 4th circuit court of appeals' decision on what is considered validation. you actually have a better shot at a dispute when requesting discovery during a law suit.
So, instead of waiting to be sued in order to dish out the detai
So, instead of waiting to be sued in order to dish out the details, I should just interpret this as a validation? I think I'll just phone AMEX and ask them who they charged off my account to.