Response to DV inadequate information?

[atarvuzdar]

DF is dealing with Creditors Interchange with regard to two private student loans that have gone delinquent. He sent a DV letter to them and received a package of documents from them which included a copy of the signed promissory note for the first loan, but no such signed promissory note for the second. Is this considered sufficient data for the DV or should he pursue the fact that the second promissory note is nowhere to be found? His mother co-signed the first loan and the CA is claiming she co-signed both, but without the promissory note (DF cannot locate his own copy of it, either, and the original lender is insisting that he deal directly with the CA) how can he know for sure? Even his mother thinks she co-signed for him only once, of course this was something that happened 10 yrs ago.

How should he handle this? Should he contact the CA directly to advise that the second promissory wasn't included in the documentation? Does the CA even have to include this information? Given the amount due (they're claiming a little over $39K for the two loans--original amounts of $12K for loan 1 and $10K for loan 2) they're threatening legal action, which I know they can't threaten to do without actually following through. Personally, I suggested getting a lawyer, but he's not in a position to put one on retainer right now.

Also, is there a second step he should take if the information provided in response to the DV is incomplete?

Thank you all!

[RobertEG]

In my opinion, it meets the requirements of FDCPA 809(b).  Verification is not required to provide accompanying proof.  The statue requires only that the "obtain" verification, and pass that determination on to the consumer.  Issues of requiring accompanying proof are beyond the requirements of the statute, and would have to be asserted based on case law interpretation of any such requirement in your jurisdiction.

Even if you consider the response to be inadequate verification, that means only that no verification has yet been provided.  Tantamount to them never having sent anything.  The "penalty" is that you would consider the cease collection bar to still be in force due to absence of verification.  If they then commence any collection activities, your option would be to assert their violation of FDCPA 809(b).  No violation would occur prior to that point.  Failure to have provided verification is not a violation of the FDCPA.

[atarvuzdar]

Thanks, Robert, I appreciate the response!