Is a copy of a bill validation?

[thotgal320]

I dv'd Cavalry Portfolio Services a few months ago and never got a response.  I asked for several things a bill, something with my signature, payment history etc..  I just got a response from them.  They sent a copy of a bill and a letter saying per your request here is validation.  Can they do this is this all they have to sent even though I asked for more?  It is falling off my CR next year I have 3 different dates depending on the CRA do I just pay it?  Will it change my fall off date if I do?

[RobertEG]

Thotgal, this is an issue that has not been revolved by the courts.  The FDCPA does not define what "validation" is.  There are varying judicial opinions on what constitutes proper debt validation, ranging from simply showing one statement that establishes your attachment to the account, all the way up to showing detailed account records, original documents, and detailed monthly statements.  .  So it may or may not be suffiencient, based on case law precedent for your federal jurisdiction.  But federal case law precedent only exteonds to your judicial district until such time as the Supreme Court mandates a standard for all districts. 

That has not happened.

So I can give you no legal opinion on sufficiency of their validation.  It depends on your judicial disttrict, and your willingness to hire an attorney to fight it.

Even if you dont consider this to be proper validation, the FDCPA does not require a CA to validate.  All the FDCPA does is mandate that, if they dont properly validate, then they must desist from further collection activities until they do..   So if you dont accept the validation as in compliance with the FDCPA, unless they are continuing ciollection activity, they are not in violation of the FDCPA.

[Anonymous]

Is it a computer print out from their own records or something that appears to be obtained from the OC?

Is it just a bill or a final bill?

FDCPA states "Copy of the debt" and FTC has issued the opinion that a computer print out from their records is not sufficient, it must come from the OC directly.

Paying it will not extend CRTP. CRTP is based on DOFD and the DOFD can not be changed once an account is charged off or sent to collections

[thotgal320]

There were copies of bills from sprint none of them were a final bill.  One is from Oct. 2002 and the other Nov. 2002 that was all.  So should I just pay it or offer a PFD with a certain percentage off?

[Anonymous]

Are the bills in line with what they say you owe?

[Anonymous]

thotgal,

any piece of paper containing OC name, OC address and amount owed is considered validation per FDCPA.

however, big however, it would not be considered sufficient in a court of law, where the burden of proof is somewhat higher than the FDCPA. so, if sued, it always helps to request (subpoena) complete documentation, and the CA is compelled to produce it if they can or see their lawsuit dismissed.

in any case, a Sprint bill from 2002 seems to be well beyond SOL and it seems ripe for drop off your credit reports within the next 14 months.

If the debt was mine, I would offer no more than 25% of the original amount for a complete PFD, satisfied in full. I would ass a one liner in my PFD letter to remind the CA that the debt SOL has expired.

good luck!!!