Debt Validation

[Jaishelle]

This is in regards to a collection agency. I sent a debt validation letter the beginning of January. Since I have not heard back from them I gave them a call today. The lady said that they received my debt validation letter and that they have forwarded it to Directv, the OC.

My question is as a collection agency, shouldn't they already have all of the documents on the account? It doesn't sound right but I'm new to this. Their 30 days will be up next week for validating the debt. What should I do?

P.S. I already contacted Directv and gave them everything that I could remember about the account. They are not finding anything under my name.

[Shogun]

Did you send the DV CMRRR?  If so, then you have proof they received it.  Also, them turfing it to the OC isn't going to fly.  If they are posting to your CR, then they should have all the info they need.

[guiness56]

Yes, they can go to the OC for verification. 

FDCPA 809 in part:  " the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector."

It has to be mailed by the CA and not the OC.

Not every CA has every account with full documentation provided to them.  Especially if it is a purchased debt.  They sometimes purchase portfolios with just account information and no documents.

[Jaishelle]

Thank you for your response. Yes I did send the DV letter CMRRR.  What steps should be taken next?

[Jaishelle]

So if I do not have the validation  by 30 days am I allowed to request removal from the credit bureaus?

[Shogun]

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@Jaishelle wrote:

So if I do not have the validation  by 30 days am I allowed to request removal from the credit bureaus?

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Actually the answer to that is, NO.  A DV, if sent timely, only bars them from actively collecting on the debt until such time as they respond to the DV.  It does not require any removal of any information already posted on your CR.