Debt Validation through email?

[GoodCredBen]

Is this a thing? I current am battling with some identity theft from 2011 and the individual from the debt collector told me that this is a thing now, and that they know the Fair Debt Credit reporting act or whatever better then i could ever know it....

That being said, they told me that it doesnt matter who opened it, if i dont supply them with the police report and documentation stating such, that they will pursue collecting the debt.... **bleep**

[Anonymous]

In order to have something removed from your report and to stop collections you will need the police report google identitytheft.gov they will walk you through the process.

[GoodCredBen]

I do have a local police report and i do have an ID theft report through there as well....

The company refused to give out an address where a debt validation letter could be sent to.... they said they validate their debts through esign.... i was like... yeah no that doesnt fly because it would be my admittance to debt just to look at the thing, so i refused their esign.... 

I called 7 times in a row asking for an address and about 5 of those 7 times, they just hung up on me... i told them that they are going to have to block me, because they legally have to provide me with an address if they are trying to collect a debt under the FTC Guide lines....

I was told that if i called that office one more time, that they would file harassment charges and to expect my validation in the mail....

I kind of giggled about that....

I have a case open with my local PD... but he said that they dont pursue these due to the fact of how many they get.

[RobertEG]

The debt validation process and the identity theft process are entirely separate procedures, and have entirely different provisions.

The DV process is a debt collection practices matter under the FDCPA (section 809), while the identity theft process is a credit reporting and blocking provision under the FCRA (section 605B)..

Under the DV process, the consumer communicates with the debt collector, while under the identity theft process, the debt collector is NOT involved, and has no say in the grant of a block of their credit reporting.  Only the consumer and the CRA are involved in the identity theft process, which requires the consumer to submit a copy of a police report to the CRA.  

The DV process prohibits a debt collector from continuing collection activities only if the DV request is submitted to them within 30 days after they have sent the consumer a dunning notice.  FDCPA 809(b).  Otherwise, the DV process does not provide for any bar against continued collection activities.

The credit report blocking provisions of the FCRA identity theft process does NOT prevent a debt collector from continuing collection activities.  It is a provision imposed on the CRAs, not the debt collector, and precludes the CRA from continuing to show the identity theft information in credit reports they issue after they receive a police report and the other requirements of FCRA 605B.

If you wish a debt collector to cease communications with you, simply send a cease communication notice under FDCPA 805(c) at any time.  A cease collection notice applies regardless of whether the consumer has filed a DV request or sent a police report to a CRA seeking block of reported information based on an assertion of identity theft.

A cease communication letter only prohibits continued communications with the consumer.  It does not impose a total cease collection bar.

If you seek removal of the collection from your credit report, simply send a copy of the police report to the CRA, along with proof of your identity and preferably accompanied by a copy of the standard FTC identity theft affidavit.  The debt collector is NOT a party to that process.