What is validation?

[terren2000]

Ive read stuff on here before but im not quite clear.

I ask a collection agency to validate a debt and was specific of what I wanted, and he just sent the amount and interest amount, and pretty much said "have a nice day".

How does a Experian know if their lying?  What are Collectors required to show that tells Experian and Fico that the debt is valid?  It has to be more than just a piece of paper with my name and a number on it.

[Anonymous]

You requesting validation of the debt and the CRA requesting verification from the CA are two separate things.  One has nothing to do with the other.

When you dispute an account with the CRA they "verify" it is supposed to be on your report.  Either by EOscar, mail or phone.  If the CA says yes, that is your account, it has been verified.

When you request debt validation from the CA, they are required to tell you who currently has the debt and the amount.  If you dispute it with the CA or ask specifically who the OC was/is, they have to provide that information.  If a judgment has been granted, they have to send you that paper work also.

[terren2000]

thank you, makes sense.

[RobertEG]

When you request debt validation under FDCPA 809)b), that is a request that is totally between you and the debt collector.  THe CRA is not a party to this.

It has nothing to do with credit reporting, and thus no interest by the CRA in any issues of credit reporting compliance under the FCRA.

Experian does not care one whit about any DV response.  That process, and the results of it, come back only to you, and not to any CRA.

The DV process is only what it is, and nothing more.  It is a process that enables you, upon timely filing of a DV request, to require the debt collector to cease continuing active debt collection activities until they may, or might, choose to respond.

All that FDCPA 809(b) requires for "validation" is that they supply you the name, and possibly address of the OC, if you have requested that, and the amount of the debt.

Then they can resume collection activities.  DV is not a credit reportinng, or FCRA issue.

[Anonymous]

This is a portion of a letter sent to a Collection Agency.  By all means, use any and all FDCPA to prove your case on a debt.  these people who received the letter containing this info, immediately removed the acct from my CRA.  Also, according to the FDCPA, the initial collection letter must contain, " if you are disputing a portion of the debt or all of it, it must be done in 30 days, or the debt is considered yours.  Which, their initial letter did not contain these words or a copy of the original debt.  Worked like a charm...

FDCPA Section 809 (Validation of Debts) According to the Fair Debt Collection Practice Act (FDCPA), Section 809 (Validation of debts), as a consumer I have the legal right to request that your company mail copies of the original documents; especially documents bearing my signature.    Also, according to the FDCPA, when a collection agency sends a consumer an initial debt collection letter, you must also attach verification of the debt.  Verification of the debt, does not consist of the statement, your company used information provided by the original creditor.  You MUST send copies of the original document

[Anonymous]

Also, go the FTC for the 15 USC on debt collection and reporting of debt.  Always know your rights.  alot of Collection agencies violate the Fed Law.  When they violate, that particular law, it no longer protects their rights, but in fact boost your rights.  From experience, I had accts removed, especially with the threat of suing them in Court in my district and then filing a complaint with the FTC.  Though be very careful, if you file with the Feds, their judgement must be rendered first before going to court in your district.  Always file in your district first, then when you get your judgement, it boost your case with the Feds. Your district court, does not have the time to re-interpret Fed law.  State law for the most part must be consistent with Fed Law.  Remember the 15 USC has already set the law...

[RobertEG]

I disagree with your interpretation of the DV process.

First, when sending you a collection (dunning) notice, they are not required to include supporting documenttion.

They merely have to tell you the alleged amount of the debt, the name of the creditor, and legal advisment of your DV rights. FDCPA 809(a).

If you send them a DV letter under FDCPA 809(b), the statute simply states that they must provide "verification of the debt" in order to therafter continue collection activities.  The statute does not define what constitutes "verification," other than the amount of the debt, and the name and address of the original creditor.  There is no requirement for the numerous other items, such as documents from your account with the OC.  CAs dont normally even have such documents.

Suppose that you require certain things in a DV letter that you feel the CA did not provide.  That itself is not a violation of the FDCPA.  It just means that you are telling them that, in your opinion, they are still barred from active collection activities.  They had no legal obligtion to even respond to your DV letter.

FDCPA 809(b) violations occur when you dont think they have provided proper verification, and the CA has additionally resumed active collection activities.

The DV process is a Fair Debt Collection Practices procedure dealing primarily with the continuation of collection activities, and is not really a dispute process.

Disputes go to what has been reported in your CR, and are dealt with disputes under the FCRA, not verification under the FDCPA.

[Anonymous]

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@Anonymous wrote:

This is a portion of a letter sent to a Collection Agency.  By all means, use any and all FDCPA to prove your case on a debt.  these people who received the letter containing this info, immediately removed the acct from my CRA.  Also, according to the FDCPA, the initial collection letter must contain, " if you are disputing a portion of the debt or all of it, it must be done in 30 days, or the debt is considered yours.  Which, their initial letter did not contain these words or a copy of the original debt.  Worked like a charm...

FDCPA Section 809 (Validation of Debts) According to the Fair Debt Collection Practice Act (FDCPA), Section 809 (Validation of debts), as a consumer I have the legal right to request that your company mail copies of the original documents; especially documents bearing my signature.    Also, according to the FDCPA, when a collection agency sends a consumer an initial debt collection letter, you must also attach verification of the debt.  Verification of the debt, does not consist of the statement, your company used information provided by the original creditor.  You MUST send copies of the original document

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Completely false.

There are numerous federal court decisions which state precisely what is required in DV: very, very little.  That they need to provide original contracts, old statements, documents bearing your signature or even the kitchen sink is nothing more than an old wives tale.

The only thing they are required to do is confirm with the original creditor identification details and a breakdown of the amount owed.  If requested they must also provide the name and address of the original creditor.  They simply put this data in their communication to you and they have performed a legal DV.

[RobertEG]

BINGO!

And if they dont still dont provide you what you consder  as DV compliance, no FDCPA vioilation occurs unless acts of further collection havve occured without prior compliant DV response.

The many posted internet form  letters requiiing what is typically called "full media verification" of  DV letter are outside the realm of legal or administrattive procedure, and are not accepted  in most courts of law.

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

This is a portion of a letter sent to a Collection Agency.  By all means, use any and all FDCPA to prove your case on a debt.  these people who received the letter containing this info, immediately removed the acct from my CRA.  Also, according to the FDCPA, the initial collection letter must contain, " if you are disputing a portion of the debt or all of it, it must be done in 30 days, or the debt is considered yours.  Which, their initial letter did not contain these words or a copy of the original debt.  Worked like a charm...

FDCPA Section 809 (Validation of Debts) According to the Fair Debt Collection Practice Act (FDCPA), Section 809 (Validation of debts), as a consumer I have the legal right to request that your company mail copies of the original documents; especially documents bearing my signature.    Also, according to the FDCPA, when a collection agency sends a consumer an initial debt collection letter, you must also attach verification of the debt.  Verification of the debt, does not consist of the statement, your company used information provided by the original creditor.  You MUST send copies of the original document

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Completely false.

There are numerous federal court decisions which state precisely what is required in DV: very, very little.  That they need to provide original contracts, old statements, documents bearing your signature or even the kitchen sink is nothing more than an old wives tale.

The only thing they are required to do is confirm with the original creditor identification details and a breakdown of the amount owed.  If requested they must also provide the name and address of the original creditor.  They simply put this data in their communication to you and they have performed a legal DV.

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I will add that if there is a judgment, they have to provide that paper work also.