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Is this proper debt validation?

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Anonymous
Not applicable

Is this proper debt validation?

Hello Myfico,
I'm new here, and I disputed an apartment collection for a friend. This apartment complex sold to new owners and changed names. I disputed the collection Phoenix Recovery Group, and they sent me a printed itemized account page. The account number is not listed however, and they sent an original one page of a signed contract. The bill is for $3,724.00 however they are reporting $5,256.00 on her reports. They didn't send me proof they owe debt, and so what else can I help her do to get ot removed?
Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: Is this proper debt validation?

Did you file a dispute under the FCRA asserting an inaccuracy in their credit reporting of their collection, or did you file a debt validation request directly with the debt collector under the FDCPA?

 

Message 2 of 5
Anonymous
Not applicable

Re: Is this proper debt validation?

Hey partner, thanks for taking your time to help a brother out. I sent a debt validation to the collection agency under the FDCPA not the credit bearus. My letter is good and down to the point, it's been successful for me before. All the collection agency (Phoenix Recovery grioup) sent me was one page itemized list of original creditor. Her name, move in date, all the outrageous charges. The first and last page of the apartment contract with her signature. I've read online that some court don't consider original contract proof, since there could be someone else with her name. Her social security was nowhere in those pages. I don't know if they are legally allowed to collect on there behalf. So I'm just trying to help a friend out, times are hard.
Message 3 of 5
RobertEG
Legendary Contributor

Re: Is this proper debt validation?

FDCPA 809(b), which is the statutory basis for debt validation, does not impose any requirement that the debt collector provide any documentation to support their finding, or to "prove" the validity of the debt.

 

The courts have generally interpreted a statement as sufficient, without any need to provide proofs.

However, there are a couple of federal jurisdicitons with pertinent case law that does support some level of documentation.

 

Ultimately, what is or is not adequate validation is subject to interpretation of the FDCPA, which can vary from judge to judge and jurisdiciton to jurisdiction.  In most jurisdictions, what they have sent would likely be considered more that required under the statute.

 

However, there is no requirement under the FDCPA for a debt collector to ever send validation, and there is no required period for any response.  If you wish to contest the adequacy of any validation, you are asserting that the debt collector remains under a cease collection bar, provided that the DV was timely.  Thus, there is no violation of any provisions of the DV process by lack of adequate validation unless the debt collector resumes active collection activities, and then the issue would be of their violation of the cease collection bar, and not of the adequacy of their response.

 

 

Message 4 of 5
Anonymous
Not applicable

Re: Is this proper debt validation?

Thanks Robert for that long response. That is why I was asking because I've done research and it varies from state to state. So is she better trying to negotiate with the original creditor maybe, get some fees off? I don't want to keep disputing and have the same response returned.
Message 5 of 5
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