Validate? I may have just stumbled onto something here, or maybe am just now finally seeing the trees for the forest. The above 5 listed items from the FDCPA, may very well be all that is required for Full and Proper Validation from the CA, and it seems to be that these 5 items are included in most Collection Notices or "Dunning Letters" But notice in item 4, it states that if a consumer provides a written request for "Verification" of the debt, then the CA must provide that. Maybe this is where the consumer is able to request an original signed contract, lisiting all fees, interest, charges, payments, etc ... and the actual contract or agreement between OC and CA that CA has authority to collect on the debt, etc .... So, a CA probably properly Validates most of the time, usually just by submitting their Notice Letter, but we can FORCE the CA to provide all that other documentation and info if we dispute and request "Verification" of the debt in writing within that initial 30 days. So, maybe there's our answer. Only leaves one question, what about when a consumer requests this AFTER the initial 30 days, is the consumer still able to request "Verification" of the debt and FORCE the CA to provide all the information? And, who is to say IF and WHEN the consumer received an official notice: Several Scenarios: 1 - Consumer did get first notice, but lies and said he didn't. 2 - Consumer never got it because it was lost in the mail or had wrong address. 3 - Consumer never got it because CA never did mail it. So, does the consumer have to Prove they never received it, OR does the CA have to Prove they sent it and on what date? Seems to me that even though FDCPA states "IF consumer send written request for debt verification within initial 30 days ...." that a consumer can even dispute this and say,"I never received the notice, and the CA has to prove to me it did send it, and so therefore I just now found out about this collection activity and therefore I'm within my allowed 30, so now VERIFY this debt - I want original signed contract, etc ..... Any Thoughts? All debate welcome!
