Is this a validation of debt?

Anonymous · ‎02-17-2011

Dealing with LVNV again...

Their letter in response to my DV sent to them in April 2009. I've been working on other things on my report and now have found my way back to them and starting thinking about this so-called validation.

"Account #7987....for (me) acquired from GE Capital is now owned by LVNV Funding, LLC.

At the time the account was acquired fro GE Capital, GE Capital advised that the balance owing was $785. Since that time, additional interest, fee, payments, credits, and offests, if applicable, have been allowed, for a current balance of $968."

If this isn't a validation, can I send a request for deletion the CRA with this letter or do I have to have a current DV?

Side note: Lvnv doesn't have this account anymore. Now a collection lawyer has it. This is due to fall-off 10/2011 but I'm afraid it will come back and haunt me.

Suggestions?

RobertEG · ‎02-17-2011

What is and is not proper verification is not objective. FDCPA 809(b) does not define what constitutes proper verification.

In my opinion, it is proper verifiction. They itemized the debt, and told you the current amount due.

Even if it had not been proper verifiction, that would not enble you to request deletion with the CRA due to inadequate verification.. CRAs are not a part of the DV process.

If you consider the verifiction to be inadequate, that is the same as no verification at all, and would, in your view, continue to prevent active collection activities on their part until adequate verification was provided. They, of course, will feel differently, and may just initiate new collection activities.

Anonymous · ‎02-19-2011

@Anonymous wrote:
Dealing with LVNV again...
Their letter in response to my DV sent to them in April 2009. I've been working on other things on my report and now have found my way back to them and starting thinking about this so-called validation.

"Account #7987....for (me) acquired from GE Capital is now owned by LVNV Funding, LLC.
At the time the account was acquired fro GE Capital, GE Capital advised that the balance owing was $785. Since that time, additional interest, fee, payments, credits, and offests, if applicable, have been allowed, for a current balance of $968."

If this isn't a validation, can I send a request for deletion the CRA with this letter or do I have to have a current DV?

Side note: Lvnv doesn't have this account anymore. Now a collection lawyer has it. This is due to fall-off 10/2011 but I'm afraid it will come back and haunt me.

Suggestions?

There are a number of federal appellate court decisions that have defined what does and does not consititute proper DV. Amounts over the original balance must be itemized by concept in such a manner as to allow an unsophisticated consumer to understand. A simple, You owe us an additional $50 as fees" falls far from the standard.

That said, CRAs are not involved in the DV process. Failure to cease collection activities pending a proper response to a timely made DV request is actionable under the FDCPA. There are several different strategies to use, but ultimately you need to consider when, if ever, is the proper time to hold them accountable.