10-22-2012 01:40 PM
I decided to try the online method of debit validation on one of my accounts with Experian. This is the first time I've attempted to DV the actual CA, in the past I've just DV'd the collection agencys. I figured I'd try the online method prior to spending money on sending out certified mail.
Well so far I haven't received a responce from the CA, but it's been only two weeks, I however did get a new collections letter in the mail from ones of these debit collector attorney's. I'm not too worried, because it's just a typicval collectons letter dressed up by one of these shady law firms to look threating, but a quick check and neither the attorney nor the "current creditor" are licensed in my state. I'm sure a quick DV will take care of these guys as I'm almost 100% sure they can not validate, because noi other collection agency whom has had this debit has ever valiudated it. Instead they just pass it on to the next collection's company.
I'm not sure if this is in responce to my validation attempt via the CA or it's it was just random timing..
What I'm curious about, is don't they by law have to disclose in their collectons attempt whom the orginal creditor is? Any other collectons attempt I've ever received has always had the orginal debit holder listed. This is the first I';ve ever seen that insted of having the OC listed it instead has a curret debit holder.
10-22-2012 02:07 PM
The CRAs are not a party, in any fashion, to requests for debt validation under the FDCPA.
They handle disputes over accuracy of what has been reported to them under the FCRA.
The FDCPA does not require, in either dunning notice of debt validation responses, that the debt collector provide the name of the original creditor.
They must only provide the name of the current creditor.
The DV provisions of section 809(b) do provide for the consumer to request, as part of response to a DV, that the debt collector provide the name of the original creditor.
However, it must specifically be requested as part of the DV. Otherwise, their validation is not required to provide that information.
10-22-2012 03:18 PM - edited 10-22-2012 03:19 PM
Ahh ok, maybe it was that part in 809(b) that I remember reading. Then again it might have been in the Massachusetts state law on the matter. About a year ago I had to deal with one of these types of attorneys via a small claims court and I read up on a lot of rules & regulations for debit collections. For what ever reason I thought I remember reading that they had to disclose who the OC was in any collection attempts. It was likely that part of 809(b) that I'm thinking of.
As far as the CRA & the DV.. I guess I worded it wrong I didn't DV them, I disputed it. My mistake on the wording there.