Appears to be a totally, totally inadequate legal response by them under the FDCPA.
If you sent a proper DV letter within 30 days, then they must provide you with full substantiation of the debt, their contract to collect as an agent of the OC, and their bonding authority in you state to act as a CA. Their vanilla boilerplate is not in compliance. I would shoot them back a qick letter stating that they are non-compliance with the FDCPA.
The proof of the debt and your obligation must come from them, not from you. Hey, that is the entire thrust of the FDCPA, and the reason for your DV letter!
Furthur adding legal injury is their threat that any failure to DV is an admission of oblgation of debt is also is further in violation of the FDCPA. That is NOT true, period!
You are dealing with high pressure tactics that are protected under the FDCPA.
Next steps? Send them an immediate letter of non-compliance with the DV requirements of the FDCPA. I would not argue any case-specific details with them. It is their obligation to provide that to you. The ball is in their court.
Message Edited by RobertEG on
09-03-2008 01:15 AM