What qualifies as DV from Creditor

[Anonymous]

Hi all,

I sent a credit a DV.  They sent me back a print out that is suppose to represent my transaction history for this credit card account.  It is not on the original creditor's letterhead.  I will give you one line item as all the rest of them are similar.  The question I have is, does this qualify as validation?

Date                Description                    Reference                                SIC   Location        Amount

Dec 02, 2007  Amoco Oil 05928Q09    7522219733700000237562             Atlanta, GA   7.97

I don't have any recollection of these charges.  Is it possible the MCM manufactured this statement?  We had a credit card years ago from this company but when my husband passed, I don't know if this was paid or not. 

Thoughts?

[MarineVietVet]

Welcome to the forums.

According to FDCPA 809 this is all that is required for validation:

809. Validation of debts

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice contain­ing—

 (1) the amount of the debt;

 (2) the name of the creditor to whom the debt is owed;

 (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

 (4) a statement that if the consumer notifies the debt col­lector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt col­lector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

 (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

[Anonymous]

Oh wow!  Thanks a million MarineVietVet.  This statement that I received looks like something a kid could have created and does not conform to what the FDCPA 809 describes.

[MarineVietVet]

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@Anonymous wrote:

Oh wow!  Thanks a million MarineVietVet.  This statement that I received looks like something a kid could have created and does not conform to what the FDCPA 809 describes.

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You might send them another DV along with a copy of FDCPA 809 and ask them to "Please try again".

[Anonymous]

MarineVet,

I think I will.  I was just going to try a PFD but I just found some old receipts that shows that I could not have possibly made these charges on the dates in question as I was not in the state during that period.  This statement is manufactured. OMG!  I cannot believe this!  I have no idea how to fight it other than sending a DV.  MCM is being sued right now in WV for the exact same thing that I am experiencing.

[RobertEG]

Section 809(a) are the requirements for dunning notice.

The requirements for debt validation are set forth in section 809(b):

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of
the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.
Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

Debt verification doesnt come from the OC, it comes from the debt collector after they have obtained verification from the OC.  The statute does not require documentation.  The bare-bones requirement is essentiall a "yes" or "no."  Interpretations of the statute that require documentation are not supported by most courts.

In my opinion, their statement is adequate debt verification under the statute.  If they were untruthful in stating they have obtained verification from the creditor, that would be fraudulent.  Not likely they would manufacture a statement of verification.

[Anonymous]

The statement that they sent me shows me making purchases in a state that I did not live in nor visited until 2 years later.  I don't know what would qualify as verification or validation but any document that shows me making purchase in the state of GA before 2008 is fraudulent.  The thing that made me go back and check my records is that I kept seeing names of resturants for meals that were charged.  I couldn't remember eating at any of them.  The dates on the statement were out of order as well.  If the statement was obtained from the original creditor, the credit card company would have sent this information in order as well as an accurate account of where the purchases were made.  These are not my charges.

[Anonymous]

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@Anonymous wrote:

The statement that they sent me shows me making purchases in a state that I did not live in nor visited until 2 years later.  I don't know what would qualify as verification or validation but any document that shows me making purchase in the state of GA before 2008 is fraudulent.  The thing that made me go back and check my records is that I kept seeing names of resturants for meals that were charged.  I couldn't remember eating at any of them.  The dates on the statement were out of order as well.  If the statement was obtained from the original creditor, the credit card company would have sent this information in order as well as an accurate account of where the purchases were made.  These are not my charges.

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Are you saying these aren't your charges, or that this card was never yours?  There is a big distinction here.  If you did have the card, you would have had to dispute these charges within (usually) 60 days of the original credit card statements being sent out.  Failure to do so makes them your responsibility, whether you charged them or not.

If the card altogether isn't yours, that is a different story, and perhaps an issue of identity theft?

[Anonymous]

The card number is right but the charges are wrong.  I don't know how I could respond within 60 days of the statement being sent if I never received a statement from the original creditor.  This card that they are saying I made these charges on dates back to 2006 when I lived on the west coast.  I never on the east coast until 2008.  As a result, I have no idea where these charges are derived.  I am totally lost

[Anonymous]

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@Anonymous wrote:

The card number is right but the charges are wrong.  I don't know how I could respond within 60 days of the statement being sent if I never received a statement from the original creditor.  This card that they are saying I made these charges on dates back to 2006 when I lived on the west coast.  I never on the east coast until 2008.  As a result, I have no idea where these charges are derived.  I am totally lost

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I'm sorry, but I'm still confused.  Did you have this card in 2006?  If so, you would have received a credit card statement from them every month.  Where the charges happened really doesn't matter as far as your statement goes.  They would have mailed one to you every month (or emailed if you signed up for paperless) to your home address.  These charges should have been listed on the statements you were sent then.

When you say you never received a statement from them, does that mean you signed up for the card but didn't activate it?  I am just confused because it sounds like you acknowledge you opened this credit card account, but then you say you never received a statement from them.