Is my debt proper validated ??

[Anonymous]

I finally received the letter back from PRA today 09/26/14 but I am not sure if the debt is proper validated ?? FYI that the collection agency received the DV letter is 09/22/14 according to the CMRRR

Dear : My name

Re : Verification information concerning portfolio recovery associates, LLC

Account/reference No : ***************

Original creditor : Capital one bank (USA) NA

     The following information is being provided in respose to your recent communication concering the account referenced above. Account number ********* and its proceeds were soldd, assigned and transferred by the seller to PRA, LLC on 03/25/2014. At the time of the sale, the seller provided an electronic file of its business records concerning this account. According to the seller'r records, there was due and payable from "my name" to the seller in the sum of $895 with respect to the account, as of 03/25/2014, there being no known un-credited payments, counterclaims, or offsets against this account at the date of its sale.

Here is a summary of additonal information listed in teh electronic file for this account :

Account holder's name provided by seller  : My name

Account holder's last 4 digits of SSN : ****

Balance at the date of PRA, LLC purchase : $895

Interest accrued since the date of purchase or last payment to PRA, LLC : $0.00

Costs and other fees : $0.00

Total balance : $895

     Please contact us if you would like to receive a payment history of payments that have posted to this account since our company purchased this account.

     Contact us toll-free at 1-800-772-1413 to discuss this account. Hours of operation (EST) : 8 AM to 11 PM Mon-Fri bla bla bla...

     If you wish to dispute this account, please send written documentation describing the nature of your dispute and any information or materials that may be helpful to our investigation so this dispute may be investigated in a timely manner. Please send all documentation related to dispute to the following address : PRA, LLC Disputes Departmtne, 140 Corporate Blvd, Norfolk, VA 23502.

    If you wish to provide additional information regarding this account, please send written documentation.

    Please note that if we receive no information or documentation describing the details of your dispute by October 13, 2014, we may then terminate the investigation related to this account due to lack of clarification of the nature of the dispute.

    This is a communication from a debt collector, This communication is made for the limited purpose of responding to your dispute and is NOT an attempt to collect at debt.

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    My question is...Is this letter proper debt validated ?? Do I need a copy of a statement from the original creditor or complete payment history, starting with the original creditor, or Copy of the original signed loan agreement or credit card application ??

   According to "FDCPA requires a CA to send you an initial written notice containing these five things:"

1. the amount of the debt; I think this part is validated
2. the name of the creditor to whom the debt is owed; Validated
3. a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; These statement does not appear on the letter
4. a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and : These statement does not appear on the letter. Also the letter stating "Please note that if we receive no information or documentation describing the details of your dispute by October 13, 2014, we may then terminate the investigation related to this account due to lack of clarification of the nature of the dispute" The thirty day from the date I received the letter should be October 26th ??
5. a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. These statement does not appear on the letter. And again the thirty-day period should be October 26th ??

         What should I do next ? should I file complaint with FDCPA or BBB ? any help and advise will be greatly appretiated... thanks

[eric19k]

Well, it looks legit.

[RobertEG]

Did they send a dunning notice prior to your DV, or was your DV sent without prior dunning notice?

Some of the statements refferred to are normal requirements of  proper dunning notice......

In my opinion, their statement that they obtained adequate records from the original creditor to enabe them to make a determination that the debt is valid is adequate.

The FDCPA makes no requirement that they provide their supporting documentation inorder to verify the debt.

[Anonymous]

i sent the dv letter on 09/18/14, the CA reveived the letter 09/22/14. The letter i received from them was dated 09/23/14 but i received 09/26/14.

[RobertEG]

But did the debt collector send a separate dunning notice prior to your DV?

That is material in that a dunning notice may have provided the notices to the consumer.

That is its primary purpose.

Before filing complaints for FDCPA violations, I would make sure they have never provided notice.

[Burned2manybridgesB4]

Just to add, I'm not seeing the OC listed in their letter, which you are entitled to.

[Amleigh]

I completely understand your frustration with PRA, as I had the same issue with them. They sent me the exact same Validation letter. I filed a complaint with the BBB and they responded saying that they will delete the tradelines (there were 3 of them) because they knew the typed up printout they sent me (and you) was not validation. A few days later they all were gone from my credit report. So that's an option for you as well. Hope this helps and good luck on your journey!

[Anonymous]

@ RobertEG They never sent anything to me before but I am not sure if this regarding to my dispute to CBAs because I disputed that i do mot recognize that i owe PRA any money. I disputed on 09/18/14, I sent DV letter on 09/18/14. When is the time i should send the complaint to bbb or fdcpa ?

@ Burned2manybridgesB4 the CA is Capital one it is on the letter also.

@ Amleigh yes we have the same issue...

[RobertEG]

They apparrently consider their letter to be adequate validation, as it states they have investigated the records provided to them, and reached a determination that they support a finding of legitimacy of the debt.

Thus, they most likely will assert that their letter consitutues adequate debt validation.

If you feel that it is not adequate validation, then failure to validate in their letter is not per se a violation of anything

It would, in effect, be your conclusion that they have continued efforts to collect on the debt while still under a cease collection bar imposed by your prior DV.

In that event, the violation would not be failure to have validated, but rather violation of their cease collection bar by pursuing collection without first having provided adequate validation.

Outcome of such a complaint directed to the CFPB would require a determination of whether their letter constitues adequate validation.

The CFPB may hold that it does.