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Response from second DV request

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Anonymous
Not applicable

Response from second DV request

I DV'ed Portfolio Recovery Associates last month, to which i received only an affadavit of ownership and sale of claim. I then sent the follow up letter I found on this site which asks for the rest of what I had asked for in the previous letter, (statements, documents with my signature, etc.) I now received a second letter from them which reads:
 
Portfolio Recovery Associates is in receipt of your second validation request or dispute concerning the account referenced above. In our response to your initial communication, we provided validation of the account, as required by federal case law. Specifically, the courts have stated that verification of a debt involves "nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed."
(cites several court cases)
Graziano v. Harrison (verification sufficient where computer printouts confirmed amounts of debts, services provided, and dates debts were incurred) Mahon v. Credit Bureau of Placer County (debt collector satisfies verification requirement by contacting creditor to determine "nature and balance of the outstanding bill" and providing such information in writing to debtor.)
 
If we do not hear from you by 25 days following date of letter, we may consider this dispute resolved in favor of our company and resume collection efforts.
 
So how do I respond to this? It seems like they are talking about verification, while what I asked for is a validation. Any advice you guys could give would be greatly appreciated! thank you!
Message 1 of 6
5 REPLIES 5
llecs
Moderator Emeritus

Re: Response from second DV request

I know I'll get jumped all over by others for saying this, but per the FDCPA, Portfolio likely complied with the DV. There is no federal law out there that requires they send copies of statements, proof of signature, reg. agent info, etc. The only thing they are required to return, federally speaking, is the OC name, contact info, and balance owed. They also must continue to state that they are a debt collection company trying to collect on a debt.
 
Now some states do require more information if requested. You'd have to look at the specific laws per that state.
 
You could always check to see if they are licensed in their state, if required, and licensed in your state, if required. Catch them on a technicality.
 
I'm probably not giving advice you want, sorry.
Message 2 of 6
Anonymous
Not applicable

Re: Response from second DV request

Photobywes, I DV'd  Portfolio Recovery Associates a little over month ago and havent heard a response back yet.  How long did it take for you to receive yours?  Did you send it CMRRR?
Message 3 of 6
Anonymous
Not applicable

Re: Response from second DV request

Yes, i sent both letter cmrr... I sent the original letter about a month ago, and since then ive gotten their original response back, mailed them a response to that, and received a second response to that letter. So Im surprised you have not gotten anything from them yet. Maybe they dont have even enough to send you anything back, (which would be a good thing).
Message 4 of 6
Anonymous
Not applicable

Re: Response from second DV request

So now im confused... every DV letter Ive read on here includes a laundry list of things that a CA has to send in order to legally validate a debt, also saying that a computer printout is NOT proper validation, but now Im hearing that  thats fine and legally satisfies the debt validation? Is the purpose of listing all that stuff just supposed to intimidate or trick the CA into submission? Or are they actually required to send all of it?
Message 5 of 6
Anonymous
Not applicable

Re: Response from second DV request

What address did you use?  And did you mail it to a particular individual?
Message 6 of 6
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