topic Re: Read this "demand for verification does not have to be in writing" in General Credit Topics

Read this "demand for verification does not have to be in writing"

Anonymous — Sun, 29 Apr 2007 18:15:58 GMT

Found this on CIC's site http://www.michigancollectionlawblog.com/debt_collection_laws_federal/

Re: Read this "demand for verification does not have to be in writing"

Anonymous — Sun, 29 Apr 2007 18:35:29 GMT

That's great but how are you going to prove that you phoned the CA to get verification of the debt? We all know that they're not going to defend you and acknowledge that you called when push comes to shove. They're not exactly the most honest people in the world as anyone who has ever had to speak with one knows.

But, come to think of it, you could call from your cell phone where there will be a record and if you have Vonage, you'll have a record there too. The average landline caller won't have proof though.

Re: Read this "demand for verification does not have to be in writing"

Anonymous — Sun, 29 Apr 2007 18:49:59 GMT

True but just thought it interesting to read thought others might also.

Re: Read this "demand for verification does not have to be in writing"

Anonymous — Sun, 29 Apr 2007 20:14:39 GMT

This is curious as the FDCPA is very explicit.

§ 809 of the FDCPA

(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.

The case that really bears worth watching is Guerrero v. RJM Acquisitions LLC, Ninth U.S. Circuit Court of Appeals, opinion 05-15121. When an opinion is rendered, it could spell out in black and white exactly what constitutes verification. CAs are deathly affraid of that. Form letters that state name, address, OC name, amount owed won't cut it.

Re: Read this "demand for verification does not have to be in writing"

Tuscani — Sun, 29 Apr 2007 21:05:02 GMT

Interesting read... but

ALWAYS GET IN IT IN WRITING!!

Re: Read this "demand for verification does not have to be in writing"

Anonymous — Sun, 29 Apr 2007 22:50:48 GMT

Even if it were decided that a consumer could dispute or request validation by phone, why would you do it? You'd have no evidence of that call. A cell phone record proves nothing; you could have called the collector and said only nasty things about his mother. If you want to preserve your rights, nothing beats sending it in writing CMRRR.