CA says burden of proof on me!

In response to a validation request I sent to a CA for a utility bill. Their "proof" was a generic spreadsheet printout showing several charges and payments and a balance due.

At the bottom of the spreadsheet it said...If customer claims this is not his debt he must provide proof of a different residence or bill from another utility company for this time period. Who had his ID info? This would be fraud."

So basically they are putting the burden of proof back on me! They sent something that clearly does not prove that I owe them anything and they are saying that if I disagree, I must prove that I DON'T owe them. Hmmm...I wonder when the law changed?

Any suggestions on a good response to this?

I'm not too worried about it. It is past SOL for collection and will fall off report in a little over a year but I would like to get it off sooner if I could.

 

So, this is the section that applies?

b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.


What about the Wollman letter? Does it matter that it is referring to a medical collection??


Dear Mr. Wollman:

This is in response to your letter of February 9, 1993 to David Medine regarding the type of verification required by Section 809(b) of the Fair Debt Collection Practices Act. You ask whether a collection agency for a medical provider will fulfill the requirements of that Section if it produces "an itemized statement of services rendered to a patient on its own computer from information provided by the medical institution . . .â? in response to a request for verification of the debt. You also ask who is responsible for mailing the verification to the consumer.

The statute requires that the debt collector obtain verification of the debt and mail it to the consumer (emphasis mine). Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose. As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer.

Your interest in writing is appreciated. Please be aware that since this is only the opinion of Commission staff, the Commission itself is not bound by it.

Sincerely,

John F. LeFevre
Attorney
Division of Credit Practices