Received debt verification not Debt validation letter

[Anonymous]

HI, I sent out a Debt Validation letter to Afni two weeks ago and I just received a letter from them....

This letter confirms the original creditor and balance of your account.  Thank you for your attention on this matter. BLAH BLAH BLAH

Is that a Debt Validation letter? How should I reply to this because I sent a Debt Validation letter and I think what they sent me was a Debt Verification letter. Any help will be appreciated.

Thank You

[Anonymous]

Was your DV timely?  Do your state laws require validation in a certain time frame?  Have they ceased collection activity?

[Anonymous]

I sent the letter after I found the collection on my credit reports 06-22-10 I received their letter 06-25-10 and I live in TEXAS. They are still reporting it to the credit bureaus. What should  I do now?

[Anonymous]

They sent what was required of them.  Since you live in TX they had 30 days to respond.

Is it your debt and if it is can you pay it?

[Anonymous]

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@Anonymous wrote:

HI, I sent out a Debt Validation letter to Afni two weeks ago and I just received a letter from them....

This letter confirms the original creditor and balance of your account.  Thank you for your attention on this matter. BLAH BLAH BLAH

Is that a Debt Validation letter? How should I reply to this because I sent a Debt Validation letter and I think what they sent me was a Debt Verification letter. Any help will be appreciated.

Thank You

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A proper DV response should include the amount owed and a breakdown of the amount.  If requested, it must also contain the name and address of the original creditor.

Without looking at the entire correspondence history between you and the CA, I'd say that the response does not meet the requirements of the FDCPA. 

[Anonymous]

Is that a valid responce to a Debt Validation though? It is my debt from an old sprint account from 2004 that went into collection with an amount of $2659.

[Anonymous]

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@Anonymous wrote:

Is that a valid responce to a Debt Validation though? It is my debt from an old sprint account from 2004 that went into collection with an amount of $2659.

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You are confusing debt validation with debt verification.  Normally in this forum DV means debt verification.

The FDCPA states that when you dispute the validity of a debt or any portion thereof, the creditor will cease collection activities until they provide verification.  The letter you received is probably not proper verification per section 809 of the FDCPA.

[Anonymous]

Heres the letter I sent to them

This is to inform you that I've recently pulled my credit report and noticed that there's a collection from your agency on my credit report. I have never been notified of this collection. However, this letter does not imply that I refuse to pay this debt. Rather, I would like to dispute your claim.

As per the FDCPA, I have the right to request a validation of this debt. I request you to prove that I am indeed the party who is by contract obligated to pay off this debt.

I hope you are aware of the fact that reporting any invalidated information to major credit bureaus may constitute defamation of character, as negative listing on credit report does not allow me to enjoy the benefits of good credit. In addition, you must also be aware that until you validate this debt, you can neither continue collection activities nor report this information on my credit report. I'm sure your legal staff will agree that non-compliance with this request is likely to put your company in serious legal trouble with the Federal Trade Commission (FTC) and other state/federal agencies.

Please attach copies of the following documents:

1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.
3. Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.

[Anonymous]

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@Anonymous wrote:

Heres the letter I sent to them

This is to inform you that I've recently pulled my credit report and noticed that there's a collection from your agency on my credit report. I have never been notified of this collection. However, this letter does not imply that I refuse to pay this debt. Rather, I would like to dispute your claim.

As per the FDCPA, I have the right to request a validation of this debt. I request you to prove that I am indeed the party who is by contract obligated to pay off this debt.

I hope you are aware of the fact that reporting any invalidated information to major credit bureaus may constitute defamation of character, as negative listing on credit report does not allow me to enjoy the benefits of good credit. In addition, you must also be aware that until you validate this debt, you can neither continue collection activities nor report this information on my credit report. I'm sure your legal staff will agree that non-compliance with this request is likely to put your company in serious legal trouble with the Federal Trade Commission (FTC) and other state/federal agencies.

Please attach copies of the following documents:

1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor wherein he promises to pay the creditor.
3. Complete payment history on this account so as to prove that the debt amount you wish to collect is correct.

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It is an old wives tale that any CA must provide these documents. 

There are numerous court decisions which clearly state that a proper DV response consists of:

1.  The CA contacting the OC;

2.  Verification of the OC's name & address (if requested);

3.  Information on judgments (if applicable); and

4.  A simple breakdown of the amount owed.

All this information can be placed on a letter from the CA to the debtor. 

[RobertEG]

Wow, lots of confusion!

The debt validation process, to which the title of FDCPA 809 refers, is a multi-factor, and multi-tiered procees, upon which verification of debt is only one factor.

They are not synonymous terms.

The entire debt validation process, as set forth in FDCPA 809, includes many steps:

Determination of when an "initial communication" was made the consumer.

The duty of the debt collector to send a collection (dunning) notice within five days os such intial communication.

The duty of a consumer to respond to a proper collection notice within 30-days in order to ensure cessation of active collection activities.

If the consumer does file a timely DV requuest, then what the debt collector must provide in order to then continue collection activites is:

if based a court order, a copy of the court judgmen;

verification of the amount of the debt;

if requested, the name and address of the OC.

The FDCPA never defines what constitutes debt "verification."  It does not require legal proof of OC account records, or account agreements between the OC and the CA.  Some very limited court jusridicstions may have opined to the contrary, but this is certainly not law.  It is general practice that telling you who the OC is, and the amount of the alleged debt, constitututes verification.

That does not mean that the CA or OC is removed from any need to show full verification of the many additional items that you might request.

But that can only be compelled by law once legal action has been commenced.  Then you have the much stronger weight of the court legal discovery procvess to compel full disclosure of the nits and nats.  That does not apply to the DV process under FDCPA 809.