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Sufficient validation?

Date: Wed, 03/21/2012 - 12:36

Submitted by firewoman
on Wed, 03/21/2012 - 12:36

Posts: 21 Credits: [Donate]

Total Replies: 3


I received correspondence from an attorney licensed in my state last month. On the letter the original creditor and amount they say is due is listed and also the junk debt buyer that purchased the debt, who hired these attorneys. I sent a debt validation letter and today received copies of statements from the original creditor from the attorney's office. The problem is, there is no substantiation of the link between the attorney's client, Asset Capital Recovery Group, LLC and me or the original creditor and also the total balance due reported by the attorney is $20,268.91 and on the statements from the original creditor that they sent the highest balance due is $17,173.05.

In the letter I sent I requested that they provide me with:


  • 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.

In my estimation, they did not validate this debt, only verified it. Am I right? Do I send another letter highlighting the information they failed to provide that I have a right to? I'm not sure how to proceed. Any help is appreciated.


I know some of the experts on this board will disagree with me, but there is no difference between "Validation" and "Verification". certain sites and crappy form validation requests suggest otherwise, but the FDCPA itself uses the term interchangeably (809.B).

that said, the threshold of validtion is pretty ambiguous and it looks as though your account has been properly validated. heck, even verified! the requests you made are not expressly required by the FDCPA. as far as the balance difference, its possible that they didnt send you the charge off statement.


lrhall41

Submitted by usernameislame on Wed, 03/21/2012 - 17:02

( Posts: 72 | Credits: )


i agree with username as you received statements belonging to the original creditor.that's validation.now however there is a difference between validation and verification.i could write up a statement in my own writing attesting that the debt is owed and it would be verified.basically though the OP'S assertion that this was not validated is incorrect as those statements are validation.i would contact the attorney and start negotiating.


lrhall41

Submitted by paulmergel on Thu, 03/22/2012 - 05:42

( Posts: 15514 | Credits: )