Is this debt validation??

Did the amount the statements claim you owe match what they say you owe? If not then it is not complete validation as they have to prove they are allowed to collect fees and/or interest..this is spelled out in the agreement/contract. They also have to show something that proves they are legally able to collect from you, if they are collecting on behalf of the OC, themselves, or some other collection agency.

You could do a little fact finding and call the credit card company and see if they still own the account and who is collecting for them, or if they sold it..who did they sell it to?

Quote:

No...nothing in the federal laws states exactly what constitutes proper validation. BUT you can demand those things in court and the debt collectors would look pretty dang foolish if you asked for it prior to suit and they refused to provide it.

Besides you can use that....the federal laws simply state that the debt must be proven...well, how do you know the debt collector is the correct one to be collecting without asking for this? More and more courts are upholding these validation letters because of too many times that multiple companies attempt to collect on the same debt!

When your debt validation letter is concise and not asking for everything but the kitchen sink, most judges will uphold that. It is perfectly reasonable to ask for those three key pieces of information because only those three can properly validate a debt.

You ask for a contract/agreement to prove fees and/or interest (as well as your contractual obligation to pay)

You ask for a final statement to prove how much you owe.

You ask for the assignment or a bill of sale to prove they are the correct people to be paying.

FDCPA 808 states (condensed way down):

the debt collector shall cease collection of the debt, or any disputed portion thereof,until the debt collector obtains verification of the debt.

If you take a company to court for not supplying the three asked for items and explain to the judge that proper verification can only be achieved with these three things and they refused to comply, you will win.

808 does not specify what constitutes proper verification, yet neither does it say what ISN'T proper verification. You can argue that these things are necessary, that too many abusive companies attempt to collect debt illegally and you are simply making sure you are not being scammed. Most judges would agree with you.

Well thank for the replies guys...Below is what I sent them in my debt validation letter.

Again, they sent me back copies of all my credit card statement from capital one. To me that doesn't really represent anything. How do I even know they are required to collect this debt. Right now, whether or not this debt is even valid is besides the point. I need to know if these people are legit and they own my debt. I Have no problem paying for what I owe as last year my wife lost her job and we fell behind on all of our bills. I'm currently paying back Chase bank 400 a month on a 10k debt. They validated it properly and I was ok with that. I do not want to get caught in a situation where I start paying this debt and another CA contacts me saying I owe them etc,... I still don't know if this qualifies. In my mind it doesn't, however, in a court of law what I think and what the actual law is may be far different. I just really need to know if I get taken to court for this debt, do I have a leg to stand on here? Will the judge agree with me in that this isn't proper validation??

This is the letter i sent




[COLOR=black]Nelson, Watson & Associates, LLC
P.O. Box 1299[/COLOR]
[COLOR=black]Haverhill MA, 01831

[/COLOR]
[COLOR=black]3-06-2011[/COLOR]
[COLOR=black]
Re: Acct Ref. # XXXXXXXXXXXX

To Whom It May Concern:

This letter is being sent to you in response to an alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

if your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist. I also request all contact between your company and me, regarding this debt, be communicated in writing. I request that you not contact me, my neighbors, family, friends or place of employment by phone. Failure to comply with this request will leave your company susceptible to legal action.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,[/COLOR]
[COLOR=black]XXXX XXXXXXX[/COLOR]

Also, should i send them another letter saying that I do not qualify that as proper debt validation> what is my recourse?

Thanks in advance

er...you sent them the kitchen sink letter. That letter smacks of being copied, it is not debt or sender specific at all and many debt collectors will laugh at the letter. Go look on the DIY section and use these as a template...That letter you used is the one floating around the internet but it honestly is not correct....for example the section that states you need 30 days to investigate the information and they must cease collection activity....they would fall over laughing at that because there are no laws that allow for that...just that they must cease collection activity until verification is sent to you.

Hmm ok we can help you craft a letter specific to your situation. First, does the last statement in the bunch reflect the same amount they are claiming you owe?

What state are you in? (want to see if there are any state laws you can use)

Have you called the credit card company and asked them where the account is...either it is still with them and being collected upon, or they sold it. Ask who is collecting for them or who they sold it to.

[COLOR=black]Thanks Golden.. I live in Massa chusetts and in the packet of statements they sent me the last one was from January. I guess it seemed up to date with the correct balance. But again, does that really qaulify as validation? So, now that they supposedly validated my debt what's my next step? [/COLOR]

Well, it being proper validation is still iffy. A bunch of statements doesn't prove everything...did you call the credit card company and find out who actually owns the account? If the original creditor says anyone other than who is contacting you, then you have excellent grounds to demand this proof since the OC told you differently.