debt verification form address

[randomguy]

What is the name of your state (only U.S. law)? CA

I just want to confirm that debt verification(validation) letter needs to be sent to the return address that is on debt collection envelope/form? Reason i ask is they called me to say that i sent it to wrong address and told me to call number. To me this sound very fishy

TIA.

 

[Bosco]

What is the name of your state (only U.S. law)? CA

I just want to confirm that debt verification(validation) letter needs to be sent to the return address that is on debt collection envelope/form? Reason i ask is they called me to say that i sent it to wrong address and told me to call number. To me this sound very fishy

TIA.

Absent instructions on the letter to send disputes/DV's to another address, then yes that is where you would send it. They're just trying to play games with you.

 

[justalayman]

Reason i ask is they called me to say that i sent it to wrong address and told me to call number

so, they admit they got it?

you validation letter must be in writing to be enforceable. They are playing games. Tell them that if they provided a false address on the letter telling you where to send the validation letter, they are in violation of the FDCPA. So, do they want to willingly admit they violated the FDCPA?

Use an address contained in the letter. The return address on the envelope may not be correct.

 

[cosine]

You sent it certified and got a return receipt back, right?

 

[randomguy]

Address in the letter and return address is same. Yes they admit they got it and i have return receipt with their signature.

 

[Bosco]

Address in the letter and return address is same. Yes they admit they got it and i have return receipt with their signature.

Then there is nothing they could do. You've followed the law and sent your reply to the address on their letter, which is obviously what the least sophisticated consumer would do.

 

[cosine]

Address in the letter and return address is same. Yes they admit they got it and i have return receipt with their signature.

Now send them a cease and desist letter ... to the very same address. It is the only address you have which you can present in court (should it come to that). Of course, it will also go certified, with return receipt.

 

[justalayman]

Now send them a cease and desist letter ... to the very same address. It is the only address you have which you can present in court (should it come to that). Of course, it will also go certified, with return receipt.

why would he do that? He just sent them a validation demand. If he sends a cease and desist, they can't send him a the validation.

 

[cosine]

why would he do that? He just sent them a validation demand. If he sends a cease and desist, they can't send him a the validation.

They have indicated they don't want to send an answer to the validation demand, so it's moot. If they are going to hold out that the address he sent to is not the right address for any legal action, then maybe they will ignore the C&D, too. It's more likely they will violate something this way, though the OP will have a case only for one violation. Or he could wait for the validation time frame and send the C&D then, and potentially have two violations to get them on.

 

[justalayman]

what they say and what they are legally required to do ( and hopefully do) are two different things. I would wait until they contact you again before issuing a cease and desist demand. If you send that to them, they cannot (legally) contact you even to send you the validation you requested.

If you would not intend on suing them should they not send you the validation, you are right, it is a moot point. If you were considering suing them for an FDCPA violation, you shutting the door on them would kill a case of failing to provide validation upon request.

and it doesn't matter how many violations you have.

(2) (A) in the case of any action by an individual, such
additional damages as the court may allow, but not
exceeding $1,000;

 

[TigerD]

what they say and what they are legally required to do ( and hopefully do) are two different things. I would wait until they contact you again before issuing a cease and desist demand. If you send that to them, they cannot (legally) contact you even to send you the validation you requested.

If you would not intend on suing them should they not send you the validation, you are right, it is a moot point. If you were considering suing them for an FDCPA violation, you shutting the door on them would kill a case of failing to provide validation upon request.

and it doesn't matter how many violations you have.

A recent court decision also held that if a debtor suffered no actual damages, they cannot collect the $1,000 either.

DC

 

[justalayman]

A recent court decision also held that if a debtor suffered no actual damages, they cannot collect the $1,000 either.

DC

No ****?

Kind of defeats the purpose of being able to sue. Any idea where it was? Hopefully it was some podunk court that won't effect any other court.

 

[TigerD]

FDCPA Defense Blog: Zero Damages: A Pyrrhic Victory For Plaintiffs In Jerman v. Carlisle

 

[justalayman]

FDCPA Defense Blog: Zero Damages: A Pyrrhic Victory For Plaintiffs In Jerman v. Carlisle

I can't say I disagree with the $0 award based on the explanation.