cancel
Showing results for 
Search instead for 
Did you mean: 

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

dekrist
Regular Contributor

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

Message 1 of 6
5 REPLIES 5
HouseHunter
Frequent Contributor

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

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.
Message 2 of 6
dekrist
Regular Contributor

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

True but just thought it interesting to read thought others might also.
Message 3 of 6
Noah_Bodie
Senior Contributor

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

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.

Message 4 of 6
Tuscani
Moderator Emeritus

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

Interesting read... but
 
ALWAYS GET IN IT IN WRITING!!
 
 
Message 5 of 6
masdeocho
Moderator Emeritus

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

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.
-----------------
Bartender, bring another round of FICOtinis please!

9.4.2011: TU 805. EQ 815.
Message 6 of 6
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.