PRA response to DV Letter

[Anonymous]

Hi all,

Portfolio Recovery Associates sent a response to my DV letter. My question is, what documentation establishes the validity of my debt? Is a print-out of my online statement enough? It may be a dumb question but I want to make sure that I'm doing this correctly. It's my first time dealing with CA's alone. 

What's funny is they currently have two more of my accounts and they did not send any correspondence regarding them. We shall see...

Thanks in advance!

[RobertEG]

There is no clear answer to the question of what constitutes adequate validation of a debt other than... adequate validation is what a judge says it is or rules that it is lacking.

FDCPA 809(b) does not provide any specific details of what does or does not constutute adequate validation of a debt.

When a statute is unspecific, it is up to the courts to interpret its meaning based on the facts of any given case.

Case law interpretation is not consisistent across the federal circuits, but the general consensus is that a debt collector is required to investigate and make a finding supported by that investigation, but is not requred to provide that documenttion or "prove" the validity in their response to the DV.  If a consumer challenges the adequacy, they can obtain a consideration of the evidence and finding of lack of adequate validation only by getting the matter before a judge.

A printout of a statement from the OC is usually considered under most case law as more than adequate.  However, if you have your own evidence that would, in your opinion, result in a contrary finding, then you can bring action for violaton of FDCPA 809(b) if they thereafter resume collection activites.

Note that lack of what is considered adequate validation is not itself a violation of the statute, as there is no requirment that a debt collectior provide validation.

Violation woud thereafter only result if/when the debt collector resumed active collection without first having verified, with the issue then being one of their violation of their cease collection bar, and not of lack of validation.

Simply stated, it is a real hassle to contest a violation based on lack of validation, particularly if they submit some documentation.

Ergo, debt collectors rarely tremble when a consumer complains of the adequacy of theri validation.

[Anonymous]

Thanks for responding. Your post was very informative. I'll move onto negotiating a PFD.

[MortgageMinded]

Been there  - done that.  There is no discussion, you either settle or pay it in full.   From my experience earlier this year, they don't PFD (I tried my hardest over many mos).   I know you probably don't want to hear this, but after what I went through I would save your time and energy and try get the best settlement you can and move on.  Also, make sure it's in writing!  

I know there are posts on this forum that allude to PFD's and getting them to delete your TL from your CRA's.  I've applied those techniques and it seemed that I wasted too much time only to settle in the end.  YMMV, but I wouldn't lose sleep waiting for a favorable response.  There are a lot of good posts on this site and you have to consider how many people get lucky enough for a PFD are just a handful.  The bottom line is you want to get rid of the debt the fastest way possible and if you are lucky removed from your CR.  

These guys don't care about GWL's.

[Anonymous]

Concur.

Personally battling PRA for soon to be 10months.  

And I forgot  to buy stamps today, side note. Dang it.

[Anonymous]

I'll see what I get negotiate for a PFD. Crossing my fingers!