01-19-2012 06:08 PM
I sent LVNV Funding a debt validation letter and here is their response:
LVNV Funding LLC currently owns account number XXXXXXXXX. The account was previously sold by First Premier on or about 09-23-2011 and at that time thebalance on this account was $596.29. As of the date of this communication, the account balance is $606.05. Because interest, payments, credits, fees, and/orother 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 exactbalance.
Is this an acceptable validation of debt? In my original letter I requested the following....
Please provide me with the following:
But then I came across this......
The FDCPA does not define what constitutes proper debt validation, and the issue has not been fully resolved by the courts. In the leading case of
Chaudhry v. Gallerizzo, the Fourth Circuit Court of Appeals adopted a relatively low standard: "Verification of a debt involves nothing more than the debt collector
confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged
debt." The Court further stated that a request for validation of the debt is primarily intended to eliminate such problems as collectors contacting the wrong person
or attempting to collect debts which have already been paid.
I am so confused! Help please!
01-19-2012 06:32 PM
The only item in that shopping list of requests that is clearly required under FDCPA 809(b) is to identify the original creditor.
What is expressly required is that they "obtain" verification from the creditor. How they do that, and the level of "proof" they must provide in "obtaining" verification, is not specified under the statute. If you request more than expressly provided under section 809(b), be prepared for a legal fight. Only a judge can go beyond the express words of the statutory language and interpret it to require more......
The seond half of your post is the minimum required. The first half of your post is not.
01-19-2012 06:52 PM
I see....what would you suggest? Send a letter to pay for delete or ignore it and wait till it falls off my credit report in Nov 2012 and hope they don't sue me in the meantime?
01-19-2012 07:06 PM
What is your date of first delinquency on the OC account, and what is the statute of limitations in your state?
The first, in most cases, determines the beginning of the running of the period set by the later. You can always offer a PFD, but if the debt is still within SOL, you run the risk of their taking alternate legal action to recover it rather than negotiating terms with you.
01-19-2012 07:16 PM
01-20-2012 06:58 AM - edited 01-20-2012 06:59 AM
So as long as you didn't make a payment on the debt to restart the SOL clock, which can in Cali, you are fine. You can't be sued (or if you were use SOL as a defense). I'd send a PFD if you agree with the debt.