What Should a Debt Validation Response Include?

[Anonymous]

I noticed a new collection on my report from Mountain Run Solutions in the amount of $774. I never received a letter from them so I called them up and ask for debt validation.  A few days later, they sent me a letter offering to settle for $600 and removal of collection TL. They also sent the original contract signed by me with the date of 12/8/2008. Additionally, they sent me a partial copy of my credit report pulled on that same date. I don't get why they would send me my partial credit report from Decemeber of 2008.

I thought they were supposed to send a copy of my statement with DOFD? Something doesn't seem right with what they sent me but I've never asked for a validation before so maybe this is what they are? Any help is greatly appreciated. 

[gdale6]

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@Anonymous wrote:

I noticed a new collection on my report from Mountain Run Solutions in the amount of $774. I never received a letter from them so I called them up and ask for debt validation.  A few days later, they sent me a letter offering to settle for $600 and removal of collection TL. They also sent the original contract signed by me with the date of 12/8/2008. Additionally, they sent me a partial copy of my credit report pulled on that same date. I don't get why they would send me my partial credit report from Decemeber of 2008.

I thought they were supposed to send a copy of my statement with DOFD? Something doesn't seem right with what they sent me but I've never asked for a validation before so maybe this is what they are? Any help is greatly appreciated. 

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There is no specific info by law. What they have sent is sufficient. Not much is need to validate but the signed contract is the coup de grace.

[RobertEG]

The federal FDCPA only stipulates that the debt collector must investigate and make a finding.  See FDCPA 809.

Relevant case law has generally held that presentation of a finding of verification is adequate for validation, with no need to provide supporting documentation or otherwise "prove" the validity of the debt.

What they have provided would likely be considered as more than what is required to establish verification.

Regardless, since the request was sent prior to any dunning notice, it was not a timely, and thus binding, DV request under FDCPA 809(b).

Additionally, even if timely, a DV does not set any period for or even a requirement to validate.  It imposes a cease collection bar, which then remains in effect until such time as they might choose to send validation.

Thus, even if it were to be determined that their response did not constitute adequate validation, there is no violation on their part.

It would simply mean that they continue to be under a cease collection bar, and no violation would occur until they resumed active collection prior to first providing validation.

In view of what they have provided, do you now still assert that the debt is not valid?

If so, then you may still have the opportunity to place them under a cease collection bar by sending a timely DV within 30-days of their dunning notice.  However, that would still not mandate any validation or response.

Have they sent dunning notice?

[Anonymous]

No dunning noticed has been sent. The reason i wanted to know if they were to provide DOFD is because this is an old account. As in 2014 or 2015 old. The 7 years is near or already here. TU has written 2024 as the year this will age off.  That's not possible as I cancelled the service around 2014. (This is from a security monitor company). I will try to contact OC and see if they have my last statement. 

[RobertEG]

Once a creditor has reported their collectin to a CRA, they are required under FCRA 623(a)(5) to separately and explicitly report the DOFD to the CRA no later than 90 days after having reported their collection.

The DOFD is thus of record in your credit file no later than 90 days after the collection was added.

However, for various practical reasons, it is common practice that commercial credit reports choose not to include the reported DOFD, and thus it must be obtained from either the debt collector, CRA, or from a more complete credit report, such as is available from annualcreditreport.com.   Try one of those sources.

A good approximation of the reported DOFD can be determined if your commercial credit report provides an expected or anticipated exclusion date.  Common CRA practice is to exclude collections at approx 7 years after DOFD, so you can approximate the reported DOFD by counting back 7 years from the posted expected exclusion date.