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I'm now currently working on my last unpaid collection account. The CA is Zenith Acquisition. I have sent them a DV letter mid year around May of last year and gotten a reply back from them with one page listing the credit card transactions dated in 2007 and a few in 2008. Its not the actual credit card statement from the OC, and does not list the OC account number. It just shows a report with columns of Date, Code, Amount Description and City. And then a list of transactions. Is this proper validation of the debt?
At the time I received this letter, I thought it was a good validation and have sent PFDs, but have not received any replies back to it. Now that im really focused on this last collection account, im having some doubts and questioning if this is proper validation or not. If this is not proper validation can I start again with another DV and go from there? I appreciate any suggestions, thanks.
Doh! I just now realized I posted this under the Credit Card section of the forum and not under Rebuilding. Can a mod help move this please?
Sure thing!!!!
It appears to be proper verification. The debt collector is not required to provide any original OC account records. They are not the OC, and most likely do not keep such OC documents as part of their normal business records. FDCPA 809(b), unfortunately, does not define what proper "verification" constitutes. An itemization of the debt is generally considered to be adequate verification of the debt. DV is not a legal proof process.
If you additionally requested the name and address of the OC in your DV letter, then validation reqires providing such name and address in additon to debt verification.
Thanks fused!
@RobertEG wrote:It appears to be proper verification. The debt collector is not required to provide any original OC account records. They are not the OC, and most likely do not keep such OC documents as part of their normal business records. FDCPA 809(b), unfortunately, does not define what proper "verification" constitutes. An itemization of the debt is generally considered to be adequate verification of the debt. DV is not a legal proof process.
If you additionally requested the name and address of the OC in your DV letter, then validation reqires providing such name and address in additon to debt verification.
Thank you as well, RobertEG. Unfortunately, this debt is still within SOL and I may have already woke them up. I'm going to continue to send PFD's or attempt to settle if they really come after me. The amount is not that large and im not too concerned if they try to sue. Thanks again.