Debt validation

[Anonymous]

So, I sent a company, Weltman, Weinberg and Reis, a DV letter regarding an old student loan debt. They responded but only sent a copy of the original promissory note which is far less than I asked for. I did have a loan with the OC but I very much dispute the $ amount that WWR says I owe. What are my next steps . 

[RobertEG]

Case law interpretation of whether FDCPA 809(b) requires supporting documents to support adequate validation has generally held that the debt collector is only required to make a finding and a supporting statement, and is not required to "prove" by supporting evidence.

What ultimately comprises adequate debt validation is left to interpretation by the court based on the judge's interpretation of the statutory and case law precedent.  

Since there is no requirment to send validation, if a consumer considers that a response is not adequate, that simply means that there is no validation.  It does not comprise a violation of any debt validation requirment.

Thus, interpretation by a consumer that a response is not adequate is equivalent to a finding that the debt collector remains under any cease collection bar (presuming the DV request was timely).

If you consider their response to be inadequate, then you can bring action against the debt collector if/when they thereafter resume active collection atttempts.  An asserted violation would thus be the violation of FDCPA 809(b) by resuming collection on the debt without first providing adequate validation.

[Anonymous]

So, if I disagree with the amount of the debt, I just ignore them ?

[RobertEG]

If you still disagree with the amount of the debt after they have validated, you can file a civil action and receive a binding determination by the courts.

Alternately, if you reside in a state that has an enhanced debt collection practices statute or regulation that does explicitly require supporting documentation, you can first demand documentation under your state statute or reg.

Currently, Texas, NY, CA,  and Mass have enhanced debt collection practices statutes or regs that may be used to pursue documentation of a finding as to the amount of the debt.

Also, be aware that the federal FDCPA explicitly permits debt collectors to add amounts to the principal debt, such as interest or other fees, provided the amounts are authorized in the account agreement you executed with the original creditor or permitted by law.  See FDCPA 808(1).

What was authorized in your original account agreement?