Debt Validation Question MRSBPO LLC

[jjamm7667]

Hello guys. I have a collection for time warner cable that I was unaware of. I called time warner and after a half an hour on the phone and speaking with a supervisor, no bill could be found. I then called MRSBPO LLC because they are the ones listing the account on the cra's. They never sent me a collection notice because they said they didnt have an address. Once I received ne, I requested a debt validation. What I received was a print screen from a computer not a copy of an actual bill. I called back and they said well send a actual bill. A month has past from the first validation request.

What should I do? Does the law say they have to provide an actual bill?

Thanks

[RobertEG]

The federal debt validation process under the FDCPA does not require sending of a copy of a bill.

As a matter of fact, it does not even require a response.

The effect of a timely DV request is to impose a cease collection bar, thus providing the consumer with a reprieve from active collection activities.

A copy of a bill certainly indicates they have basis to validate.

However, lack of what you consider to be adequate validation simply means they remain under a cease collection bar.

There are a couple of states that have enhanced debt validation statutes/regs that do require some form of documentation.

What is your current state of residence?

[jjamm7667]

I live in Ohio. 

Thanks

[RobertEG]

Ohio has not enacted enhanced debt validation procedures.

[Anonymous]

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@RobertEG wrote:

The federal debt validation process under the FDCPA does not require sending of a copy of a bill.

As a matter of fact, it does not even require a response.

The effect of a timely DV request is to impose a cease collection bar, thus providing the consumer with a reprieve from active collection activities.

A copy of a bill certainly indicates they have basis to validate.

However, lack of what you consider to be adequate validation simply means they remain under a cease collection bar.

There are a couple of states that have enhanced debt validation statutes/regs that do require some form of documentation.

What is your current state of residence?

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@RobertEG what are these states?

[RobertEG]

Texas New York, California, and Massachusettes.

Some apply to all debt collectors, while others apply only to debt collection after the debt collector has purchased the debt ("debt buyers").

[Anonymous]

@RobertEG Could you point me in the direction of the MA one please? 

[RobertEG]

The Code of Massachusettes Regulations, at 940 CMR 700 et seq, governs debt collectors, and includes the requirment to provide notice of time-barred debts, and also includes, with respect to debt validation, the following items under section 708.2:

“(a) All documents, including electronic records or images, which bear the signature of the debtor and which concern the debt being collected;
(b) A ledger, account card, account statement copy, or similar record, whether paper or electronic, which reflects the date and amount of payments, credits, balances, and charges concerning the debt, including but not limited to interest, fees, charges or expenses incidental to the principal obligation which the creditor is expressly authorized to collect by the agreement creating the debt or permitted to collect by law;
(c) The name and address of the original creditor, if different from the collecting creditor; and
( d) A copy of any judgment against the debtor.”

[RobertEG]

....to clarify the Mass regs, they do not require validation.

Similar to the federal FDCPA, a timely DV imposes a cease collection bar, it does not impose a period for or requriment to validate.

The listed items are required in order to establish adequate validation, and thus lift any cease collection bar, but the debt collector is under no requirment to validate.