Never received validation

[majomom1]

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

What does a collection agency or attorney have to return in response to a request for validation in order to be compliant?

I requested validation of the loan and a detailed accounting of the balance. I got a simple piece of paper that said "so and so" bought this loan. There is no letterhead, no address and no amount.

I sent a second letter stating that this was NOT validation of the debt and asked again for validation and a detailed accounting.

I have never received anything. What do I do now? Aren't they required to provide both of these items on request?

 

[justalayman]

first, they do not have to provide an accounting.

then, to the rest:

from a letter of opinion from the ftc:

1. Section 809(b) of the Act provides that if the consumer disputes the debt or requests identification of the original creditor in writing, the collector must cease collection efforts until he verifies the debt, or identifies the original creditor and mails a response to the consumer. If the consumer's request for verification of the debt was made in accordance with Section 809(b) of the Act, the collector need not supply the documentation but only so long as collection efforts are not resumed. Section 809(b) requires that "the collector cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt . . . and a copy of such verification . . . is mailed to the consumer by the debt collector." In situations contemplated by Section 809(b), the Act imposes the obligation to furnish verification before the collector resumes collection efforts. In the event the collector decides not to pursue the collection efforts, there is no requirement to furnish the documentation of the indebtedness to the consumer. In the event that collection efforts are resumed, the requirement to furnish verification to the consumer prior to resumption of collection remains.

the requirements for verification are very minimal. It basically consists of the collection agency contacting the creditor and verifying the correctness of the name of the debtor and the validity of the debt.



Is this debt in dispute by you?

 

[majomom1]

first, they do not have to provide an accounting.

then, to the rest:

from a letter of opinion from the ftc:



the requirements for verification are very minimal. It basically consists of the collection agency contacting the creditor and verifying the correctness of the name of the debtor and the validity of the debt.



Is this debt in dispute by you?

Yes. I have disputed this debt many times. First with the OC, then with the CA, CRA and with an attorney.

The dispute to the attorney was submitted in Feb of 2009... and they did cease collection. But now they have filed in court,(in the wrong county).

But they have never supplied validation, or what I thought validation is, which I thought included the detail of the account.

 

[justalayman]

They can refuse to send anything and simply sue you. Even if there is a violation of the FDCPA, it does not alter the validity of the actual debt. If you want them to provide something now, you need to do it through discovery or claim some defense that would effectively require them to provide what you are looking for.

as far as the FDCPA goes, they never have to provide an accounting statement.

 

[majomom1]

They can refuse to send anything and simply sue you. Even if there is a violation of the FDCPA, it does not alter the validity of the actual debt. If you want them to provide something now, you need to do it through discovery or claim some defense that would effectively require them to provide what you are looking for.

as far as the FDCPA goes, they never have to provide an accounting statement.

I paid the balance that was due, less the amounts I disputed. There were items I did not owe and spoke to the OC (Chase), numerous times... they agreed that I was due the credit but of course never provided that in writing.

I have my notes, my calls, who I spoke to etc... and my written communications. I was just hoping to tie their detail to MY records to show it is the disputed items plus finance and late fees etc...

Thanks for your help... I appreciate it.

 

[justalayman]

well, sorry to say but unless you can convince the current owner of the debt that you do not owe it and they are willing to sue, you don't have a lot of choice other than to defend the claim in court.