Hi I know ther is informatiom here on debt validation with really great contributions from Butch, here is my situation: I got a letter from a CC on July 5 2011, sent letter of validation, no reply. (I did not follow up, and not return receipt) I got another letter from CC2 on November 5 2011 sent letter of validation with return reciept got signed conformation dated November 28,2011. (did not send 30 day follow up or 60 day follow up) . May 3 they send a partial validation last copy of statement from original creditor, no proof that I owe them and ask me to get in touch with them. Should I send them the past 60 day letter or should I just tell them that the account is frozen as per Butch subsequent CA strategy sample letter and they do not have the right to collect . Help Shevily
They're technically not required to do much more than just say "We've validated the debt". They're not required to send you a copy of your contract, billing statements, or any documentation to support their claim.
tx: that's their flawed interpretation of a portion of Chaudhry which doesn't apply to 99% of cases, unless the evidence being demanded is something which is protected by privilege, or something that hasn't yet occurred, but is due under the contract which created the alleged debt. In the 99% of cases, they had better be able to document as close to every penny of the amount, character, and legal status of the debt, and that the amount being demanded doesn't include any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. In the 99% of cases, they had better be able to provide documents which prove conclusively the identity of the alleged debtor from the original creditors account records, to ensure that it isn't a case of misidentification, or case of identity fraud.
Are both creditors still reporting the debt on your credit reports? If so, how does it show up on your reports? If you believe they didn't provide a satisfactory validation and are still reporting this on your credit reports, I would recommend sending them a letter (include a copy of your first DV letter and a copy of the registered mail receipt) that lets them know they have not complied with the FDCPA. Request that they immediately remove the collection from your credit report or you are going to file a lawsuit since they're in violation of section 809(b). Then, sit back and wait to see how they respond.
They're required to put the name of the original creditor, the amount of the debt, and the original creditor's address and that's pretty much it. I've yet to see a FDCPA claim for not providing more info than that succeed, and I've defended, with counterclaims, well over 200 debt collection suits. Now, to win a case in court, they have a lot more hurdles than that. A third party collector can almost never even properly authenticate the OC's business records to overcome a hearsay objection so usually they can't get any of their evidence into record over objection.
