Hello, So I have a question regarding what constitutes proper validation. I sent a Debt Validation letter to the CA by CM w/RR for a credit card account with Capitol One. The CA responded within 30 days and sent me a letter that begins "As per your request, please find enclosed verification (I did ask for validation) of your account with Capital One Bank (USA), N.A.." and what looks to be account statements for 9 months (6 of which were delinquent). Nothing else. I thought the CA needed to send an account statement, contract between myself and the OC, and some sort of contract stating the CA is allowed to collect on behalf of the OC. Received a call from them today, and I don't know whether I should send another letter asking for proper validation or a letter proposing some type of PFD arrangement. Also, is it too late for me to contact the OC for a PFD option? When I call the OC, I am automatically sent to the CA. Thanks, Ryan *CA=Collection agency, CM w/RR=Certified mail with return receipt, OC= Original creditor, PFD=Pay for delete.
The CA still needs to prove that it owns or has been assigned the debt by the OC. It sounds like they haven't, so I would push for that. And if they do have the right to collect it, it's too late to talk with the OC. As you experienced, they won't want to deal with you.
What they sent you is sufficient to satisfy the FDCPA requirements of validation/verification so they can continue collection activities. Whether that's enough to prove your liability in court or convince you to pay it is a separate matter.
Thanks for your responses. I have concluded that they will be able to produce whatever is necessary if I was to be sued.
