confused about response to DV letter
It did NOT have proof of signature showing that I opened the account, nor any true proof that they own the debt -- just the standard form letter with the aforementioned information.
1) is what they sent good enough to be considered PROOF -- as in, can further action be taken against me. (Do they need to show me proof of my own signature in the event it would go to court?)
2) here's the curveball: a week or so after getting the letter from them, I get a letter from Javitch, Block and Rathbone saying they represent PRS regarding this same debt, and that they are representing only as debt collector and not any type of legal action at this time. The letter says for me to pay the amount owed to PRS and not Javitch, so I am confused here. Who has the debt? Has anyone proven anything? Why would PRS send me what they considered validation, then have Javitch send me a letter immediately after that? not sure what to do. Thanks so much!
First, this is not sufficient
First, this is not sufficient validation. Do a google search for "Wollman letter FTC" and read it carefully--it is a letter from staff attorneys at the FTC. They clearly state that proper validation is not "merely an itemization of what the debt collector already has in its files". The letter clearly states that they must contact the original creditor and obtain validation directly from the OC, then send a copy to you.
As for the lawyer's office, it is generally a scare tactic. They are acting as a debt collector, so do the same thing, and send Javitch a DV request too. I would send Portfolio a second letter telling them that they did not send you proper validation, and again request that they do it the right way. I would send these letters by certified mail, return receipt requested. Let us know if you need more help!
thanks sky. I have dealt with
thanks sky. I have dealt with Javitch before on another issue and it seemed their supposed debt validation was equally as copy and paste, but I didn't know better at the time. The problem with the FDCPA is what constitutes actual validation of debt. It seems most of the collectors respond in exactly the same way.
They did the same to me
They did the same to me and no what they did is not debt validation. Since they did it to me and I ignored their letter I'm waiting to see if the sell it off to another collection agency so I can send a debt validation letter to them. This is a year old debt and none of the CA's have validated the debt.