Collection Agencies Debt Validation

[Shokk]

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@guiness56 wrote:

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@rodzilla2013 wrote:

Hi Nola_Bee,

I am far from an expert but Guiness can correct me on this if possible..

The purpose of doing the debt validation is to verify the CA has the proper authority to collect on the debt along with having the information from the original creditor regarding the debt that allegedly belongs to you.  If they cannot produce evidence that this debt is yours from the original creditor within 30 days, this debt must be removed from your credit report...

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A CA doesn't have to produce evidence the debt is yours, other than the OC saying it is.  That by no means makes it yours.  They are validating a debt exists, not that it is your debt.

There is also no 30 days they have to respond, unless you live in Texas.  A CA never has to respond just cease collection activity until they do.

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Hate to bust in on someone's thread, but a quick question, guiness.  I've been using TFC in my DV/dispute.  Should I change gears in the request for itemizaton?  I asked how they came up with the number, but didn't state anything other than TFCs.  As I mentioned, same form letter for last 2 replies.  I may wait it out and see what happens (if anything) with the CFPB complaint.  I've read here and else where, that if in Texas, stick to TFC.  I'm past SOL and it drops off in 2 years.  I'm almost to the point of forgetting it all and sending C&Ds.

[guiness56]

A DV under the FDCPA actually says you can ask for an itemization of the debt.  The TFC does not come out and state that.  It says you can dispute the accuracy of the amount and the CA has to determine if it is accurate or not.  Then they must let you know,.

It says the CA must tell you if the amount is accurate or inaccurate.  That doesn't really say much IMO.

[Shokk]

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@guiness56 wrote:

A DV under the FDCPA actually says you can ask for an itemization of the debt.  The TFC does not come out and state that.  It says you can dispute the accuracy of the amount and the CA has to determine if it is accurate or not.  Then they must let you know,.

It says the CA must tell you if the amount is accurate or inaccurate.  That doesn't really say much IMO.

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Hmmm.  Only problem with that is, to use FDCPA, I'm guessing I would have to have sent this request within 30 days of dunning.  If and when I received a dunning notice was at least 2 years ago.  I guess I could send the request, but legally they wouldn't have to reply.

I probably should have started a new thread, but oh well now!  Another question.  I thought I read somewhere that you had to be notified that an account was being placed on a CR.  Is this part of the initial dunning, or seperate?  Or did I dream it?

[guiness56]

No, you do not have to be notified prior to their reporting.  Once they do report that is considered intial communications and they would need to send a dunning notice.

[guiness56]

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@rodzilla2013 wrote:

Guiness,

I sent a DV to a CA called Jefferson capital sys..they sent me a response back saying that they could not validate the debt and they will remove it from my report (woohoo!!!)..

WHen you mentioned "itemization" what does this consist of??

THanks,

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Itemization is how they came to the amount they say you owe.  Like the amount they were hired to collect on, plus interest, fees etc.