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A few months ago i got another letter in the mail that a debt had been sold to a new collection company, this is after DVing the previous and never hearing from them again about 1 year ago. Now the new company has responded back with a plain manila envelope, with out their name on it or any identifying information who it is from besides a return address. And inside are 3 monthly statements from Jul and August 2005 and the July statement was sent in duplicate and the August statement that was sent is 1/3rd the amount that they were originally requesting.
What would be my next step? should i send another letter stating that they have not properly validated the debt and what else.
IMO, per the FDCPA, they validated, provided they told you at some point how much they were collecting.
If you agree with the debt, send a PFD. If you disagree with any aspect, like the balance, then ask them to account for it.
They should be droping off pretty soon though the bills they sent me were not the final bills.
And the original communication had the amount they wanted me to pay along with some payment plan options. Ill need to pull my credit reports again to see the date that it was first delinquent but the SOL for massachsetts is 6 years.
so should i just send them another letter stating that they failed to validate the debt since they dont show how they came up with the amount they think i owe and instead 2 random bills?
Nothing in the FDCPA requires evidence in support of their verification. They must state the amount of the debt, and if requested, itemize it. The verification that the debt is considered valid must have been "obtained" from the creditor, but sending documentary evidence is not, under the language of the statute, required. Some case law does, in certain jurisdictions, interpret the statute as requiring some documentation, but that is on a case-by-case and jurisdiction-by-jurisdiction basis. That's a pure legal issue.
If you disagree, the next step would be to challenge their resumption of collection activities without first providiing what you consider to be adequate debt verirification.
That is when and where the FDCPA violation occurs. You say no, they say yes. The arbitror of that disagreement is the courts.
You can send another letter challenging the adequacy of their verification, but they can ignore it and go on about their business. To pursue the challenge with teeth would require filing civil action against them for their resumption of collection activities.
ahh ok though they still havent shown how they got the amount they are asking
though they have not resumed the collection process nor reported it to the CRAs yet but ill be sending them another letter that they havent properly verified the amount owed