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Denied debt validation over phone

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Anonymous
Not applicable

Denied debt validation over phone

I know this is better done in writing but for the sake of trying to expedite dealing with a small ($200) collection I spoke with them on the phone and asked for them to send me a debt validation letter. The first woman sighed and then asked me my info to pull up account. She did and then verified my name followed by starting to say my address, which she hung up in the middle of saying. I heard her physically stop reading right before she hung up.

 

I immediately called back and spoke to another woman. This one made it into my account and verified everything and then said "let me see, we've sent you one, two, three, four...about seven of these letters. I don't think I can get them to send you another one". I told her I did not recall receiving anything from them. She said she could request one but doubts they will send me anothe. She then proceeded to tell me to go on their website and I can "view my account and see what I owe online". I told her that wasn't good enough and she immediately said, "so how can we resolve this today, do you want to set up payments?" I said no and hung up and am getting ready to mail a letter regarding it.

 

Just thought I would share this and see if this is the common response or if it sounds strange.

Message 1 of 2
1 REPLY 1
RobertEG
Legendary Contributor

Re: Denied debt validation over phone

FDCPA 809(b) specifically requires that any request for debt validation must be in writing.

Telephone requests are not acceptable DV requests.

 

As for their providing requested validation, the FDCPA imposes no requirment that they validate.

Once they receive a timely DV, it imposes a cease collection bar, which remains in effect until such time as they choose to send the requested validation.

There is no period for or requirment to respond.

Thus, a denial of debt validation is not a violation of the FDCPA.

Violation occurs if and when they continue efforts to collect on the debt without first having provided validation.

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