got a response from DV of CA

[Anonymous]

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@nothingman02 wrote:

Ok hwats going on here. Whats the history? Whats this account and who is the OC? Its not the one mentined in their DV response? That is collins fiancial services?

Do you agree to the 'debt' and also the 'balance'? DOFD? Everything seems alright?

If so, offer a PFD. 

If not,

It would take some time. You would send another DV. And again, a CA/JDB has to 'obtain' verification form the OC.If they have replied to you in 4 days, thats just way too quick. They almost certainly prepared the verification. FDCPA is clear on this. I think theres a case law somewhere. Theres an FTC opinion as well.

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How do they obtain from the OC proper validation?  Where do you get the FDCPA resource#?  I would like to think if they bought it from the OC there should also be a bill of sale?

[Chadius]

I just found out about Collins Financial Service, one day ago. I DV'd Paragonway, and got the fastest response I have ever heard of. The amount they paid for it, is 4 dollars less than my original total with the OC. That doesn't sound like pennies on the dollar. I think they put my original amount under their own price heading. I agree that I owe money now that I know who the OC is.

[nothingman02]

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@Chadius wrote:

I just found out about Collins Financial Service, one day ago. I DV'd Paragonway, and got the fastest response I have ever heard of. The amount they paid for it, is 4 dollars less than my original total with the OC. That doesn't sound like pennies on the dollar. I think they put my original amount under their own price heading. I agree that I owe money now that I know who the OC is.

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Chadius,

Its almost certainly the amount they are collecting from you. NOT the amount they paid the OC. Please check on that. They are not going to reveal to you how much they bought it for.

Now, if what they are demanding is less than what the OC states that you owe, thats a good thing. Ilecs (mod) has a post on a similar experiance. He had a CA go away because of this inconsistant balance thing. If the CA ias asking for more thats normal. But if they are asking for less then they dont have their accounts and balances right. If they obtained their verification from the OC, they would not have a lesser balance. 

[nothingman02]

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@Anonymous wrote:

How do they obtain from the OC proper validation?  Where do you get the FDCPA resource#?  I would like to think if they bought it from the OC there should also be a bill of sale?

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Obtaining verification from the OC would consist of some sort of supoprting documentation from the OC along with their DV response. It could be the last few statements wherein the last balance is consistent with what they are demanding. If they are demanding more, you should ask them for an explanation and break up. They would likely not provide you that unless you threaten them and even then its not guaranteed  I would atleast want to know their version of the original OC balance minus all their charges. Until then, I would not agree that the debt has been validated. 

Its simple really. If they have obtained verification of the balance from the OC and if that balance matches what they are demanding, then the debt is validated.

The verification could also be a simple letter from the OC describing the balance, your name, a/c # and CA name and info.

Its also possible that the OC has done an electronic verification of the debt to the CA and the CA has simply obtained a print out of that and sent it to you. And that is valid too. You have to look at the documents and examine them and hopefully it would be easy to figure it out. Look closely at all the information contained in the letter. You should be able to tell if its legit or concocted.

Meanwhile, try to obtain the balance directly from the OC directly as well.  I cant remember exactly the 623 section from the FCRA as its been a while but it may apply here. You can look it up.

Message Edited by nothingman02 on 06-30-2009 06:43 PM