01-18-2013 08:52 AM
I have a medical collection for a whoppinig $40 on EQ. I tried to back door the CA and call the OC since they never responded to several settlement letters. After 45 minutes on the phone with the OC they have NO record of the debt. I asked how the CA got the debt and was told it was issued to them. This was verified with a DV letter from the CA. Is my next step an MOV letter? I would like to pay it and be done with it but I have never had any settlement response from them.
01-18-2013 09:26 AM
The debt collector is required to have "obtained" verification. The statute does not define the procedures.
They could quite possibly have their own records that they consider adequate to verify the debt. The fact that the OC no longer retains records does not, per se, mean that the debt collector cannot verify the debt.
When providing debt verification, they are not required under FDCPA 809(b) to provide supporting documentation, so you have no way under the DV process itself to challenge the actual accuracy of their statement that they have obtained verification. To compel documentation of their verification requires getting the matter before a judge.
The method of verification (MOV) process applies only to requests sent to a CRA relating to the procedures they used in their reinvestigation of a dispute.
There is no requrement under either the FCRA or FDCPA that a debt collector provide the method of their verification of a debt.
01-18-2013 10:58 AM
It's a small amount, have you tried a PFD with the CA?
01-18-2013 12:28 PM
I have tried PFD and other communication. The only thing they answered is a DV letter from November. I have made multiple attempts to reach a settlement for the FULL amount (HA!) and they refuse to return phone calls and such.
01-18-2013 01:01 PM
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