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New Contributor
Posts: 67
Registered: ‎05-31-2012
0

What counts as debt validation?

Dealing with the dreaded ANFI *facepalm*

 

I sent a request for debt validation, and they responded with a copy of a verizon bill.

 

I dont recall ever leaving a balance with verizon , the bill is dated 2006 though and I wouldnt even know how to go back and prove I paid..I dont even bank with the same people etc etc

 

Does this count as "debt validation" though?

 

*Also I just got a score watch alert today that is has been updated to reflect "disputed"

 

Next step?

Epic Contributor
Posts: 20,294
Registered: ‎03-19-2007
0

Re: What counts as debt validation?

What constitutes adequate debt verification has only one definitive answer.  It is what a judge determines if you contest it.

 

FDCPA 809(b) is a vague, and thus hotly contested, statute that does not define what verification is other than requiring the debt collector to obtain it.

When statutory language is vague, ultimate intepretation is left to the courts.

Most courts have supported the intepretation that all that is required is that they conduct some investigation, and thus obtain a basis for considering the debt as valid.  A simple statement to the consumer is, in that general interpretation, all that is required.  Under that interpretation, their sending of an account document was more than is required.

 

There are some judges who have interpreted the statute to require supporting documentation.  If you get before him or her, you may get a more restrictive requirement.

But that requires litigation.

 

In my opinionm they have provided verification.  However, be mindful that failure to have provided what you consider adequate verification is not, in and of itself, a violation of anything. Violation would occur if and when the initiate collection activities when you consider them to still be under a cease collection bar. 

 

If you contest it, you can either file a dispute, initiate an identity theft process, or bring your own legal action.  If you are willing to put your assertion of account not authorized by me into a sworn police report, my suggestion would be to implement and identity theft process, which permits you to obtain instant blocking of the disputed account from your credit report.

Moderator
Posts: 13,761
Registered: ‎04-15-2011
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Re: What counts as debt validation?

I understand what RobertEG is saying.  What' I've always taken as what the minimum is, The name of the OC, their address, and the amount.  So if they sent a bill from Verizon, that would pretty much satisfy all the above.



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Established Contributor
Posts: 573
Registered: ‎02-12-2011
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Re: What counts as debt validation?

How much is it for? Verizon may not even have information on your last payment. I wonder how long financial institutions are supposed to hold on to your records, it's a long shot but if you remember paying it then I would do whatever it takes to get that point across. If the balance is really high, maybe you didn't consider termination fees?



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Epic Contributor
Posts: 20,294
Registered: ‎03-19-2007
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Re: What counts as debt validation?

[ Edited ]

Providing the name of the OC is not a requirement in debt validation unless the DV includes an additional and express request for that info.

 

Both dunning notice and debt verification must provide only the name of the current creditor.  It is wise, if the source of the debt is unclear, to make sure and include the additional request for the name and address of the OC in your DV.

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