member profile picture
Posts: 197
Credits: 4738.2
[Donate]

Can anyone give me an example of what one should look like from a collection agency. The one I received just says

Creditor
Original Creditor
account #.




That meets the bare minimum requirements for validation:



There are actually two parts. If you rearrange the sections, it becomes a bit more clear;

1) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment is mailed to the consumer by the debt collector.


2) or...if the consumer requests the name and address of the original creditor, the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor is mailed to the consumer by the debt collector.

In other words, if the consumer only request the name and address of the original creditor, then that's all the collector must send. However, if the consumer request verification, the debt collector is required to confirm with the original creditor the amount being claimed is correct and that the person from whom they are attempting to collect the debt is the person who owes it.

Sub: #1 posted on Fri, 08/08/2008 - 20:10

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4666 | Credits: 308.23)

This is exactly what I sent

Date: 7/3/2008
File #: I do not have one / it should be under Damian M Vieira
Dear Sir/Madam,
I was going through a copy of my credit report and noticed that there was a collection from your agency on my credit report, which I was not notified about. I don?t refuse to pay, but this is a notice that your claim is disputed.
In accordance with the fdcpa, I have the right to request for a validation of my debt. This is asking for proof regarding this and verifying the same.
You must be aware that reporting such inaccurate information will result in defamation of character and it would leave a dark patch on my credit report. You are supposed to stop all collection activities including reporting this information on my credit report. I????????m sure you are aware of the fact that non-compliance with this request will lead you to legal trouble. I have gone through this SEVERAL times with other collection agencies. THIS IS NOT MY ACCOUNT. I have NEVER opened a T-Mobile account for myself or anyone else. This is not my charge, not my bill and not my account. Obviously there is some identity theft issues here.
Please attach copies of the following with the reply:
1. The agreement which authorizes the creditor to collect debt on the alleged debt.
2. The signed agreement from the debtor conforming to pay the creditor
3. The documents regarding the payments made on this account validating the amount.
With regards,

Sub: #2 posted on Fri, 08/08/2008 - 20:54

Breakthecycle2 Breakthecycle2

(Posts: 197 | Credits: 47.38)

Was the "validation" on the CA's letterhead or did it come from the OC? I would send them a follow up DV and inform them that this does not meet the requirements of validation and re-iterate your request.

Sub: #3 posted on Fri, 08/08/2008 - 21:08

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4666 | Credits: 308.23)

It came from the CA, not OC.

Sub: #4 posted on Fri, 08/08/2008 - 21:36

Breakthecycle2 Breakthecycle2

(Posts: 197 | Credits: 47.38)

I would not accept it. Resend the DV but you'll likely get a canned response that claims they don't have to give you anything else and throw some old case law at you

Azar v.Hayter and Chaudhry v. Gallerizzo

Sub: #5 posted on Fri, 08/08/2008 - 21:48

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4666 | Credits: 308.23)

Should I just resend the same one?

Sub: #6 posted on Fri, 08/08/2008 - 22:31

Breakthecycle2 Breakthecycle2

(Posts: 197 | Credits: 47.38)

I have to apologize. I missed the whole " I have NEVER opened a T-Mobile account for myself or anyone else" in your DV. Is T-Mobile reporting? Have you filed the IDT Affadvit and police reports?

Sub: #7 posted on Fri, 08/08/2008 - 22:50

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4666 | Credits: 308.23)

No, I didn't know I needed to. I sent both T-Mobile and the CA DV letters. The CA has not responded yet, but when I disputed it through Experian, it came back validated which is BS

Sub: #8 posted on Fri, 08/08/2008 - 22:55

Breakthecycle2 Breakthecycle2

(Posts: 197 | Credits: 47.38)

Go towww.ftc.gov and download the IDT Affadavit, fill it out and have it notorized. Check your local PD's website and see if they have an IDT link to tell you where and how to file the report. Once you have the notorized Affadavit and police reports, send them along with proof of ID (DL and SS card w/ first 5 numbers blacked out) and a list of all fraudulent accounts and inquiries to all 3 CRA's CMRRR. By law, if you follow the steps from the FTC, the CRA's must permanently block (not suppress) any account or inquiry associated with IDT. Send the IDT affadavit and police reports to the CA and T-Mobile and be done with them. Hang on to all that for the future because you may need to deal with the next CA to get the account.

Sub: #9 posted on Fri, 08/08/2008 - 23:10

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4666 | Credits: 308.23)

Beautiful! Thank you!

Sub: #10 posted on Fri, 08/08/2008 - 23:18

Breakthecycle2 Breakthecycle2

(Posts: 197 | Credits: 47.38)

Attachment
More information
  • Files must be less than 1.25 GB.
  • Allowed file types: txt pdf jpg jpeg png.
Post as a guest
CAPTCHA
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Post as a member

Share post

Page loaded in 0.753 seconds.