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Received response for DV sent-now what

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Anonymous
Not applicable

Received response for DV sent-now what

Received interesting response to a timely sent DVD under Texas finance code 392.202 stating following

 

" Validation of 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.  Consistent with the legislative history, verification is only intended to eliminate the......problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid. ....There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt".  Chaudhry v Gallerizzo, 174 F.3d 394, 406 ( 4th Cir. 1998 ) . 

 

I requested the the following in my dv 

 

1) the agreement which authorizes CA to collect the alleged debt

 

2) The signed agreement from debtor conforming to alleged debt

 

3) The documents regarding payments made on this account validating the amount.

 

4) The Name n address of OC for this alleged debt. 

 

The Dv letter was sent  regular mail on feb 28th, 2017, and response received on may 05, 2017. 

 

How should i respond here. Help please. 

OC is Citibank shell card , balance 885.31 , DOFD is December 2011

 

 

 

 

Message 1 of 6
5 REPLIES 5
RobertEG
Legendary Contributor

Re: Received response for DV sent-now what

Section 392.202(b) of the TX Finance Code requires the debt collector to provide a "statement" that verifies the accuracy, confirms the inaccuracy, or states that they have not yet completed their investigation and determination.  No documentation is required.

 

There is a requirment that some response be provided within 30 days of the request, but the response can state that they have not yet completed their determination.

If they do not provide their statement within 30 days, then they are required to delete their reported collection, but may reinsert once validation is provided.

Since they apparently did not provide their statement within the 30-day period, then you could file a complaint with the TX Office the AG, but since they have now provided validation, reinsertion is now permitted, so credit report deletion would not be mandated.

 

You can, if you disagree with the adequacy of their response and wish to assert a requirment for documentation, file civil action or complain to the TX AG.

Do you have basis for contesting the validity of the debt, or is the only issue one of adequacy of their response?

Message 2 of 6
Anonymous
Not applicable

Re: Received response for DV sent-now what

thaank you for response robert eg

 

the Ca is the fourth or fifth one on the acct, this particular ca has not yet reported to any of the CRA's, the oc had a chargeoff reported upto 2015 and now is no longer on the cra's DOFD is dec 2011 so statutory limit has passed, 

 

i felt this ca had a unique perspective on how dv was perceived in their point of view & have it explained in wordings described . i havent applied for anything major loans since  july 2015 except phone/electric/cable/apartment so Acct review isnt showing activity 

Message 3 of 6
Anonymous
Not applicable

Re: Received response for DV sent-now what

Validation is NOT verification. They only verified that you are who you say you are NOT that you're confirming or denying the debt is yours and you want proof.  I would think they have to remove it if they are reporting it to the CBs, do nothing at all or PROVE that it is your debt. Since they aren't reporting it they probably never will.

Message 4 of 6
RobertEG
Legendary Contributor

Re: Received response for DV sent-now what

The courts have generally interpreted the federal DV process, via many civil actions based on FDCPA 809(b), that proofs are not a requirment under the DV process.

There is no specific case law, at least to my knowledge, that specifically addresses the issue of proofs as a part of debt validation under the TX Finance Code, and one is certainly free to make such an assertion.

 

The TX Finance Code expressly requires deletion of a collection only if the debt collector has not provided the validation within 30 days, but also expressly permits resinsertion after validation is provided.  Deletion thus only applies prior to providing validation.

Message 5 of 6
Anonymous
Not applicable

Re: Received response for DV sent-now what


@RobertEG wrote:

The courts have generally interpreted the federal DV process, via many civil actions based on FDCPA 809(b), that proofs are not a requirment under the DV process.

There is no specific case law, at least to my knowledge, that specifically addresses the issue of proofs as a part of debt validation under the TX Finance Code, and one is certainly free to make such an assertion.

 

The TX Finance Code expressly requires deletion of a collection only if the debt collector has not provided the validation within 30 days, but also expressly permits resinsertion after validation is provided.  Deletion thus only applies prior to providing validation.


Correct me if I'm wrong RobertEG but if OP is not getting any proof of debt verification from the CA shouldn't OP put in a dispute with the credit bureaus citing that the debt doesn't belong to them? In which case the CB would need to investigate and the CA would be forced to provide proof the debt belongs to the OP.

Message 6 of 6
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