Questionable debt validation and counterclaim?
Date: Wed, 07/28/2010 - 12:10
And when you get sued by the junk debt buyer, can you use their failure to go back to the OC and get the proof that you requested as a counterclaim?
Thy need to provide proof of the original debt and the amount! J
Thy need to provide proof of the original debt and the amount! Just thier say so is not validation! Junk debt buyers very rarely sue! They are in a numbers game and want the money fast and easy!
Quote:Originally Posted by AngeldoveI know we've discussed "prop
Quote:
Originally Posted by Angeldove I know we've discussed "proper" validation from a junk debt buyer and we have differing opinions, but "if" you DV the junk debt buyer, aren't they supposed to go back to the OC and get some kind of proof of the debt? Them just sending another collection letter with mounting interest on their own letterhead, isn't proof, is it? And when you get sued by the junk debt buyer, can you use their failure to go back to the OC and get the proof that you requested as a counterclaim? |
no another letter is not validation.in fact they must supply proof they can charge interest.re-send your DV stating that is not validation.well if you have the green receipts from the letters.you can demand validation during discovery.they must either provide said validation,or you can move to dismiss with prejudice.
Read section 809. Scroll down! http://www.ftc.gov/bcp/edu/pubs/c
Read section 809. Scroll down!
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Thank you both! They can send letters all day showing an OC, an
Thank you both! They can send letters all day showing an OC, an amount, etc., all on their own letterhead - but, that isn't verifying a debt to me or the fact that their next letter did include additional information of what they claim is interest due on the account. In the Section 809, the words - "the debt collector will obtain verification of the debt" - how or what is that really saying? Doesn't that mean they have to "get" some information from somewhere (maybe the OC) and send it to me?
And then if I'm understanding that part of the paragraph correctly - if they don't "get" any information to support their allegation and then send me another collection letter on their letterhead showing this interest due, the OC, etc., and then offering settlement terms - aren't they in violation? And if they are and they bring suit - can I then use this fact as a counterclaim? 
I believe you are correct! Like I said it is very unlikely they
I believe you are correct! Like I said it is very unlikely they will sue! If they do just deny everything and make them prove it! If it comes to their word against yours you will prevail! They need to produce an original bill or at least proof that they purchased the debt and the origianal amount! Who is the collection agency? Is the debt yours to begin with?