The following is a new wrinkle to me, on July 1, 2013 I received a snail mail response from American Student Assistance (ASA) date stamped June 20, 2013: “To help us ensure your personal information is kept safe, we need you to complete the top section of the enclosed form* and return it to ASA® within 14 days receipt of this letter. This will help us make sure we are providing loan information and documents to the appropriate party. Unfortunately, we will not be able to respond to your request until we receive this information. If you are also disputing information on your credit report, you must complete the form in its entirety.” New to me is the need to verify my identity for ASA before they provide validation info. Is it legal to ask for my identity verification after numerous USPS delivered correspondence addressed to me and phone calls to my residence? On 6/12/2013 I sent a combo DV C&D CRRR (initialed, not signed) to ASA. Their response of June 20 suggested receipt and response on the same day; return certified form indicates ASA receipt 6/18/13. April 12, 2013 ASA letter indicated OC filed a default claim with ASA; which assigned Performant Recovery Inc. (formerly Diversified Collection Services Inc. (DCS, Inc.)); demanded entire, immediate current balance payment by May 29, 2013 or they'd report the default to the CRAs {already reported by OC 3/2012}. Please note: Performant Recovery Inc sent a letter dated April 9, 2013 indicating their CA status, demanding immediate payment of a higher outstanding balance than ASA 3 days later, with no mention of consolidation or rehabilitation programs. I provided & sent copies of Performant's letter and questioned its status in my ASA June 12[SUP]th[/SUP] DV C&D CRRR letter. The form* “Identity Verification Form” appears to be a hindrance to receive timely, legal validation information; by stipulating this additional requirement after a request for validation has no legal justification. The Department of Education nor ASA “NOTICE OF IMPORTANT RIGHTS” openly publicize or apply this additional requirement. I believe this “delay tactic” isn't in compliance with FCRA, FCBA or FDCPA. Anyone have any ideas, suggestions or advice? Thanks in advance. Btw: I'm not too interested in filling out anything for ASA or Performant; after all "THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE". My June 12, 2013 CRRR, DV, C&R letter was an inquiry and validation request; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
I would personally sue, and say if you want to see my id, you can see it when I go through security at the federal courthouse. A debt collector can make no additional requirements to obtain the validation rights given by law. Since they are refusing to (a) validate, (b) investigate any cra disputes, both are their legal obligations under federal law, I would act as if they've fully received the validation request and wait for them to continue collection activity. They can then tell the judge why that form is required, when one of the purposes of validation is to catch mis-identification.
