LLC Collection Company saying they don't have to validate

Contract doesn't necessarily equate to validation.

Are they refusing to provide ANYTHING, or just refusing to provide a CONTRACT?

What qualifies as validation varies depending on the type of the account.

Here's the key. Validation serves two purposes, (1) proving that you are in fact the correct debtor; (2) the amount of the debt is accurate as they are claiming, without any fees that aren't allowed by the contract or by the laws of the state.

So, for a medical debt, if they can show the bill, and the amount of the debt hasn't increased from the OC to the CA, then they've provided validation. IF there are charges, they would just have to show that those charges are LEGAL (either by contract or law).

 

Just to be sure, you need to validate. It pays to make it sure.

 

jorgelopez, from the original post, it appears that they did ask for validation.

 

Hi,

I hope I am not late with this post. I was in the similar situation a while back. A creditor who I requested validation from sent me a letter telling me to contact the original creditor if I need validation. I found this opinion letter, which serve as a precedent that clarifies the point. No one who can claim to own, collect, reports to credit bureaus or in any way tries to contact you about a debt is exempt from this rule and that includes LLC's. You can search for the "Wollman FTC Opinion letter" on the net.



If you read the last line in the 2nd paragraph it reads " As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer". So if the LLC is contacting you, or trying to collect, or claiming to own the debt now, they are on the hook to get the information from the original creditor and forward it to you. Most LLC are just given a name and amount by original creditors before the debt is written off and original creditor don't care enough past selling the debt to validate.

Print a copy of the letter, send it along with the original request and their refusal, and let them know that they are breaking the law and are subject to a $1000 fine. Hope this helps

 

Tom:

Yes, the Wollman opinion is applicable, if they are refusing to provide ANYTHING to verify the account.

The OP never responded as to whether that was the case, or they were just refusing to provide a contract. (MEDICAL BILLS don't typically have contracts, and what can be shared with the CA can be limited by HIPPA.)

 

I am confused about Debt Validation. It just seems like this is a vague requirement for debt collectors. As long as they send you 'something' verses specific indepth debt information they have something over the debtor. I sent a Debt Validation request where I asked who is the original creditor, when was this account opened, and what is the chain of custody of proof of assignment so I know this debt collector has the right to collect this debt and they mailed me a sheet of white paper with the amount they said I owed, the same collection agency name as creditor, and where to mail a payment. Is there some uniform Debt Validation for credit card debt?

 

There will never be a uniform standard, and it works better for us that way.

Validation is proof that (a) the debt is (or is not) yours, and (b) the amount of the debt is correct.

Ignore the form letters that ask for everything under the sun. Unless you are in a situation where multiple CAs are claiming simultaneously to be assigned the same )account, them being able to obtain documents that show a and b is enough to show current assignment of the account.