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Debt verification vs. debt validation...

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  • chpxiii
    replied
    Originally posted by keepmine View Post
    I like one posters idea of validation. Will it convince a fairminded judge that the debt is yours and, can they prove a chain of custody.i.e. do they have a legal right to collect.
    Originally posted by jp2861 View Post
    All they really need to prove is that you're the person the debt belongs to, who you owe it to, and the amount.
    Exactly, and if they can't prove you owe *them,* the collection agency, which many times they cannot, then they need to cease collection of a debt.

    There is very important especially when junk debt buyers have purchased old debt packages that for one reason or another the debtor no longer has a legal obligation to pay. Two I can think of are SOL and bankruptcy discharge.

    Edited to add:

    However, this is good to know as I'm still learning who to "play the game" so to speak. Why do you think I was called out of the game with a bankruptcy? It's always good to know what tools you have to use and weild. It is fairly common and very well known that many debt collectors use illegal means and tactics to get people to pay debt they may not even have a legal obligation to pay.
    Last edited by chpxiii; 01-02-2008, 07:04 PM.

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  • jp2861
    replied
    Originally posted by chpxiii View Post
    That's not enough. If they say you owe them a debt, they need to provide you with the original contract signed and another piece of information.

    Do a search on the Credit boards (http://www.creditboards.com) - they have the info that a validation needs to require the debt validation to be met.
    Last edited by jp2861; 01-02-2008, 06:36 PM.

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  • keepmine
    replied
    Originally posted by chpxiii View Post
    That's not enough. If they say you owe them a debt, they need to provide you with the original contract signed and another piece of information.

    Do a search on the Credit boards (http://www.creditboards.com) - they have the info that a validation needs to require the debt validation to be met.
    Nothing in the FDCPA requires them to give that info. WHat creditboards is saying, is make it hard for them to proceed with normal collection activity-including lawsuits. Because, they will have to provide specifics if you get sued.
    I like one posters idea of validation. Will it convince a fairminded judge that the debt is yours and, can they prove a chain of custody.i.e. do they have a legal right to collect.

    Leave a comment:


  • chpxiii
    replied
    That's not enough. If they say you owe them a debt, they need to provide you with the original contract signed and another piece of information.

    Do a search on the Credit boards (http://www.creditboards.com) - they have the info that a validation needs to require the debt validation to be met.

    Leave a comment:


  • treehugger1
    replied
    The one additional request you might make is to ask for "proof" that the CA has been assigned (or sold) the debt by the OC. While they may have "satisfied" the FDCPA criteria, a simple copy of a bill/statment is probably not enough in an actual courtroom. As mentioned, at least you have informed them you know your rights.

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  • jp2861
    replied
    Name and address of the original creditor, account number, and a brief summary / breakdown of the total due is all they really need to provide. All is pretty easy to provide but I would pay close attention to the total due. Each state has a max interest rate that can be charged.

    If you search the net you'll see alot of DV letters with requests for things that the CA doesn't need to validate. OC info is self-explanatory. Account number would link the account to you. And the total they are requesting doesn't need to be validated month by month or some unreal request. Once they link the account to you all that's really left is making sure the charges are legitimate. There's really not much to validating the debt other than to stall the collector and to let them know, in a subtle way, that you're not just some shmuck that will dance when they start pulling your strings.

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  • fedupw/ccdebt
    started a topic Debt verification vs. debt validation...

    Debt verification vs. debt validation...

    I had sent a debt validation letter for my wife to Weltman, Weinberg & Reis the first part of December. Today we got in the mail a very brief response saying "enclosed you will find the verification you requested". It was basically the October statement on a credit card.

    Is this really validation on their part. Is this enough to satisfy our debt validation request? This is the first validation letter I had sent out and am wondering if this is enough on their behalf and also should I respond back?

    Thanks for any thoughts.

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