Debt Validation Question

[Cherriwyn]

Previously I sent a debt validation letter in response to a notice I received in the mail.  The CA responded back by telling me the debt was sold to another agency and I would here from them shortly.  Yesterday I received what is suppose to be validation of the debt, this is what it read:

Validation of Debt

November 14, 2011

"My Name"

CVF Consumer Acquisition Company currently owns account number XXXXXXXXXXXXX.  The account was previously sold by (listed the original creditor) on or about 8/30/2011 and at that time the balance on this account was $ Xamount of dollars.  As of the date of this communication, the account balance is $X amount of dollars.  Because interest, payments, credits, fees, and/or other permissible charges can continue to cause the account balance to vary from day to day, you should contact us at 1-866-464-1187 to determine the exact balance.

In my opinion, this does not appear to be proper validation of the debt.  They stated the account was sold in August of this year but I know this account is well over 4 or 5 years old.  It also states CVF is the current creditor but the notice is from Resurgent Capital Services.  Can someone give me advice as to what I should do next?  They also stated on a separate letter I had 30 days to validate the debt.

Thanks in advance for your help!!!

[LIGHTNIN]

My understanding of Debt Vaildation  is 

1. the amount of the debt;
2. the name of the creditor to whom the debt is owed;
3. If requested..the creditor address

You ask why .......CVF is the current creditor but the notice is from Resurgent Capital Services?

One is probably the parent company of the other.

Your next step if you have the funds, would be sending a PFD letter.

If you have read this already, sorry for suggesting it....What Steps Do I Take?Do I DV?PFD? 

[Cherriwyn]

Thanks for your response, but the original creditor was Bally's and that was probably from 2005 or 2006.

[Anonymous]

I received a similar letter from CVF, but a different collection group was 'handling' this for them.  I am also going to DV them and, now seeing the response you got from them, I am wondering what the next step is. 

Just curious.  What did your DV letter say?  I was told to keep mine very simple.  ie:  RE: Account XXXX, I dispute this debt and request validation per FDCPA (whatever the citation is).

And, at this point, have you heard anything more from them?

Thanks.

[IOBA]

Usually, you request DV first.   And you can ask for a detailed accounting of how the debt grew to be what it is.   That would require them to go back to the time of the OC and account for everything since then.  

AFTER you receive DV, then you can dispute the debt.

** OP if you know the debt is from Ballys in 2005 or 2006, wait and see if they provide information going back that far.   If they only go back to the previous CA, send them another letter, disputing the debt OR asking for a real DV, since the previous CA is a CA and can NOT be the OC.

[hoping2rebuild]

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Cherriwyn wrote:.

It also states CVF is the current creditor but the notice is from Resurgent Capital Services. 

Thanks in advance for your help!!!

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These all are the companies owned/ Operated by the "Sherman Group" so they do alot in in house transferring, I guess so they never have to verify they just sent to a new in house company and report with them until asked to verify at that in house CA:

Anson street LLC

Ascent card services II LLC

Ascent card services LLC

Ashley Funding Services LLC

Credit One Bank N.A

Credit One Financial Solutions LLC

Fieldstone Asset management LLC

Granite Asset management LLC

Limestone Asset management LLC

LVNV Funding LLC

PYOD LLC

Resurgent Capital Services LP

Resurgent capital Services PR LLC

SFG REO LLC

Sherman Acquisitions II limited Partership

Sherman Acquisitions LLC

Sherman Acquisitions Limited Partership

Sherman Acquisitions TA LP

Tradd Street LLC

[RobertEG]

If the debt collector now owns the debt, they have obtained personal verification of the debt.

A debt collector is not required to even mention the original creditor or even any prior creditors in a debt validation letter.  They named the current owner.

If you do NOT consider their response as proper verification, that alone is not a violation of anything.  It would be as if they never responded, and would thus continue their bar against further collection activities.  If they are not now a collection agent of the current owner, they wont be conducting any further collection activities, making the entire issue of proper verification on their part moot.  Recourse would be that if THEY debt collector activities without providing what you consider to be adequate verification, take then to task for violation of resumption of collection activites under FDCPA 809(b).  I dont see that as happening.

If, and only if, a consumer has specifically requested the name and address of the original creditor in their DV letter, do they have to provide that information.

In my opinion, you have received adequate debt verification.

Since you never DVd CVF, then verification came from the party you did send the DV to.

You can, if you want, send a new DV to CVF.  However, if they do in fact own the debt as asserted, verification will most likely be assured.

Debt verification is a statement from the debt collector that they debt has been verified by the owner.  It seems you have that.