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HELP - Collections amount is different than what OC validated

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Anonymous
Not applicable

HELP - Collections amount is different than what OC validated

Please help in the next step. I sent a PFD letter to one of my collections accounts. Instead of agreeing to or denying my request, they sent a letter saying “This will acknowledge that your account has been placed in a hold status and collections have ceased at this time. Purpose of letter is to provide you with required legal notices. 1. Unless you Dispute the validity of the debt within 30 days of receipt of this notice, the debt will be assumed to be valid by us. 2. If you notify our office below in writing within 30 days, or any portion is disputed, we will obtain verification of the debt that may be of record against you. We will mail the verification to you. 3. Upon your written request to this office within 30 days, we will provide you with the name and address of the original creditor.” That is basically it. It is not showing up on my credit report during this 30 day time frame. The OC mailed me a Validation Request with a copy of the bill amount owed. I did not request this. I guess the collections company did. Anyway, the amount I owe is different than what the collections company says I owe. Collections says $$70.74. This OC document says $44.02. What do I do next? 

Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: HELP - Collections amount is different than what OC validated

The debt collector apparently did not send a full and proper dunning notice, as required under FDCPA 809(a), that included advisment of your right to send a request for debt validation within 30 days of their dunning notice.

 

All of the "we will" statements they include are mandated by FDCPA to be included in an initial collection ("dunning") notice.

It is standard boilerplate.

Nothing prohibits them from reporting their collection at any time prior to your sending of a timely DV request.

They could have, for example, reported their collection prior to sending dunning notice,and can still report before you send a timely DV.

Any decision or offer to delay reporting for 30 days is totally voluntary on their part.

 

You can send a debt validation request if you contest the amount of the asserted debt, in whole or in part.

If you disagree with the amount of the debt, then request an itemization.

 

A debt collector is permitted to attempt to collect additional amounts, such as fees and interest, if the amount is either explicitly authorized in the account agreement that created the debt, or is otherwise permitted by law.  Thus, additional amounts can be added by a debt collector.  See FDCPA 808(1).

A request for itemization, while not expressly stated as part of a DV request under FDCPA 809(b), has been recognized by the courts as usually being necessary in order to determine wheher the amount is permissible under FDCPA 808(1).

Some states even have enhanced debt collection practices statutes that include expllicit provision for requesting itemization of an asserted debt.  I would advise including a request for itemization in your DV request.

 

 

Message 2 of 3
Anonymous
Not applicable

Re: HELP - Collections amount is different than what OC validated

Thank you for your expertise. I will send them a DV letter. I heard it was best to send it by certified mail. The address they gave me to reply to is a P.O. box. Am I able to send certified mail to a P.O. box?
Message 3 of 3
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