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Member
Augustlove
Posts: 8
Registered: ‎08-10-2007
0

CA responded to my DV letter saying they don't have to show me proof. Please Help!

Alright- i will try to keep this short and sweet so you will actually read it and hopefully respond... I sent a DV to the CA regarding a mysterious settled collection on my credit report- (that was not mine and I don't know where it came from),I originally disputed it and it was "validated" through the CRA so I sent a DV. They sent me a letter today saying that I only had 30 days to demand proof and that "a letter was sent 8/03." They said that I "have forfeited my rights to validation afforded to me by the FDCPA." How was I supposed to do that if it is not mine and I've never seen it before? Can they do this to me? Do I not have any options? Please help me! Thank you
Moderator Emeritus
Timothy
Posts: 9,252
Registered: ‎03-19-2007
0

Re: CA responded to my DV letter saying they don't have to show me proof. Please Help!

I would reply that you did not receive the original communication and they have not fulfilled § 809.(a) and provided:
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;

Or prove that this information was sent with a copy of the original correspondence.



§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(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.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
Member
Augustlove
Posts: 8
Registered: ‎08-10-2007
0

Re: CA responded to my DV letter saying they don't have to show me proof. Please Help!

Thanks for the input Timothy, but do you think I have a chance? Based upon the letter they sent me, they sound really firm with what they said, that I missed my 30 days. Even so, I thought that after a failed dispute with a Credit Reporting Agency it was a consumer's legal right to request the Method of Verification from the Collection Agencies? Am I totally off here or am I right?
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: CA responded to my DV letter saying they don't have to show me proof. Please Help!

[ Edited ]
you never gave up your rights!!!!!!!     copy you letter to them....copy letter to you....copu CMRRR  gc and mail to FTC.  
Federal Trade Commission
CRC-240
Washington, D.C. 20580
                
 
send this letter to CA    CMRRR
 

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

 

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

 

As of ( DATE that you received their letter) You have refused to validate this debt.Therfore you are in violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

 

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
  • Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
  • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
  • Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all referance to this account be deleted from my credit report, as this entry and any update of such entry will be concidered another violation.

 

Thank You,

TYPE YOUR NAME.....DO NOT SIGN

 
 
 
 
 
 


Message Edited by HappyDays on 09-12-2007 12:53 PM
Regular Contributor
rhinocl
Posts: 112
Registered: ‎05-16-2007
0

Re: CA responded to my DV letter saying they don't have to show me proof. Please Help!

When you copy a letter to the FTC you should also send a cover letter asking them to do something-such as advise you what they can do for you, launch an investigation into the CA, etc.
Member
Augustlove
Posts: 8
Registered: ‎08-10-2007
0

Re: CA responded to my DV letter saying they don't have to show me proof. Please Help!

Thank you for taking the time to help me out, I am sending a letter tomorrow. I will let you know what happens.
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: CA responded to my DV letter saying they don't have to show me proof. Please Help!

Your very welcome......gl

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