Debt validation letter?

[Anonymous]

I got a letter from a collection agency saying that I owe them $3,648 in medical charges. It came under my name and address but another patient name. I sent them a debt validation letter asking for the usual; proof of their right to collect the debt in my state and that I owe the debt, etc.

They sent me another letter today with just a statement of "my account" just a bill with the amount and all the charges from the hospital.

My question is... Is that enough? How to I respond to that? I've been reading on the forum about they only need to provide the bill with my name for it to be validated but they didn't provide any of the proof I requested in my letter..

[rmduhon]

Did you send the DV under FCRA or an enhanced DV (if your state has that)? If you cited the FRCA then they don't have to send the stuff you requested.

[Anonymous]

I only cited the FDCPA: "Under the Fair Debt Collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 (b) of the FDCPA. "

That's what I cited.

[RobertEG]

A DV request imposes no requirment that the debt collector send any validation.

If you assert that their validation is inadequate, then you can advise them as such.

However, lack of validation is not per se a violation of FDCPA 809(b).  It is simply the absence of validation.

If your DV was timely, then the result is that you are advising them that you consider them to still remain under a cease collection bar.

Violation of FDCPA 809(b) would then occur only if/when they resume collection activities without first providing adequate validation.

As stated in prior posts, FDCPA 809(b) does not mandate that they include documentary "proof" to support their statement of validation.

Since the post makes no reference to their having reported their collection, there is no basis for a dispute of accuracy of their reporting under the FCRA.

You can simply send an advisory letter informing them that you consider their response to be inadequate validation and wait.

Should they resume collection activities AND your DV request was timely, you can then initiate civil action for violation of the FDCPA and get the decision of a court as to the adequacy of their purported validation.

[Anonymous]

Yes they haven't reported the collection so I'll just gonna go ahead and send that letter and then wait..


Thank you so much. I really appreciate that