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Is this enough for validation?

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Anonymous
Not applicable

Is this enough for validation?

Wasup myfico family! Im new here and like you all im looking to fix my credit or keep it good. I sent a request of validation to Portfolio Recovery Ass. and they sent me a few old statements. Nothing showing my signature or the exact balance they are reporting to Experian (its only being reported on experian). So I'm thinking this isn't enough and if so how do i go about attacking them?

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RobertEG
Legendary Contributor

Re: Is this enough for validation?

FDCPA 809(b) does not explicitly require documentation in order to provide adequate debt validation.

When a statuture is subject to interpretation, the interpretation is left to the courts.

 

Case law interpretation of what is or is not adequate debt validation varies by judicial district, but generally has held that documentation is not required. 

 

Requirements for supporting documentation, however, have been imposed by certain states under their own, more comprehensive, state debt validation requirments.  New York and California are examples.  Thus, if you reside in a state that has implemented more comprehensive regs or statutory requirements, you can rely upon state rather than federal law/regs.

 

"Attacking" debt validation that you consider inadequate under the FDCPA normally does not involve assertion of any violation on the part of the debt collector.  The FDCPA does not impose any requirment that  debt collector provide validation.  Violation of section 809(b) occurs if/when the debt collector resumes collection activities without first providing adequate validation, but only if the request for debt validation was timely.  Thus, assertion that a given response is inadequate is essentially, if the DV request was timely, an assertion that the debt collector remains under a cease collection bar until they have first provided adequate validation.

 

 

Message 2 of 3
Anonymous
Not applicable

Re: Is this enough for validation?

And what RobertEG is saying is that they have to stop collection activity until providing validation, and if you disagree with their validation provided, your only recourse is to sue them.

 

So you have to decide, in your jurisdiction, if their continued collection activity isn't legal because their validation wasn't acceptable.  The courts would either agree or disagree with you at that point.

Message 3 of 3
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