Pinnacle won't Validate

Anonymous — Tue, 09 May 2017 23:36:12 GMT

I have asked over and over for them to send me a DV. I even filed a complaint with CFPB. They sent old verizon bills to them and they closed the case. This isnt proper validation. What should I do next? They are the last creditor I need to get rid of.

Re: Pinnacle won't Validate

RobertEG — Wed, 10 May 2017 01:04:05 GMT

Your issue is apparently that you dont consider what has been provided to you as adequate validation.

They apparently consider their response to be adequate.

The DV process does not require any response by the debt collector.

A DV, if timely, imposes a cease collection bar on the debt collector, which remains in effect until such time as they provide validation.

Violation occurs only if the debt collector resumes collection activities without first having provided validation.

Case law interpretation of adequacy of validation under FDCPA 809(b) generally holds that supporting documentation is not required.

However, if the consumer asserts that documenation is required, or that what is provided is not adequate, then the consumer is holding that the debt has not been adequately validated, and thus that the debt collector remains under the cease collection bar.

Violation can only be pursued if/when the debt collector resumes active collection.

The opinion of the consumer that validation is not adequate is not a factual determination until a judge concurs with that finding.

The procedure is to bring legal action for violation of the cease collection bar, not to mandate debt validation.

That, of course, is predicated upon the initial DV request having been timely. Otherwise, there was no impostion of any cease collection bar.

Re: Pinnacle won't Validate

Anonymous — Wed, 10 May 2017 01:06:10 GMT

Thanks so much. Would it be best to do a pay to delete?

Re: Pinnacle won't Validate

RobertEG — Wed, 10 May 2017 05:35:19 GMT

Yes, if they will accept.

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