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Mj scott

Date: Sat, 06/04/2011 - 21:47

Submitted by anonymous
on Sat, 06/04/2011 - 21:47

Posts: 202330 Credits: [Donate]

Total Replies: 2


So just received a written response to a letter sent to them earlier in the year asking to verify the debts and not contact until they are able. I pulled that letter from one posted here earlier in the thread. The response was don't have to per FDCPA 53 FEd Reg 50097, 50108-09 Dec 13 1998 verification involves nothing more than collector confirming in writing that the amount is what creditor is claiming is owed. debt collector not required to keep detailed files- this is onlyy to eliminate the problem of collectors dunning the wrong person or collecting debts which are already paid. Chaudhry v. Gallerizzo.
So they will continues with the activities.
Any thoughts or ideas?
how bad and expensive is bankruptcy.


The problem is that they talked about "verification". Under the FDCPA, they are REQUIRED to provide VALIDATION when you ask for it. Verification is what they do with the credit bureaus. When you dispute the debt, VALIDATION is what they must provide to you.

The Chaudry reference is often misused--it has nothing to do with what you are asking for and what they legally must provide. I would send them another certified letter and explain to them that this is not a request for "verification" but instead for VALIDATION, and according to section 809 of the FDCPA they MUST provide it.

Further, the FDCPA requirement is that validation is to be from the original creditor--in other words, they need to contact the original creditor, get the documentation from them, and then provide it to you. It cannot be a statement on the debt collector's letterhead saying "you owe us this much because we say so".

EDIT--Your request was not for the CA to keep their own detailed records, the law also does not make such a requirement. But the law DOES say that they must contact the original creditor and obtain the documentation from them, and then send that documentation to you. In the Chaudhry case, the debt collector did just that, and the court found that their actions were legal. the people that contacted you did not, they simply said "we dont have to" and they are wrong.


lrhall41

Submitted by skydivr7673 on Sun, 06/05/2011 - 12:23

( Posts: 2036 | Credits: )


Bankruptcy is expensive. You have to pay lots of fees. The fees of the bankruptcy lawyers are quite expensive. Bankruptcy will remain on your credit report for 7-10 years. It will also reduce your credit score by 200-250 points. So, think whether or not you can afford that. It may also be difficult for you to qualify for loans post bankruptcy.


lrhall41

Submitted by Good Nelly on Sun, 06/05/2011 - 21:20

( Posts: 2846 | Credits: )