MyCA sent me this letter after I sent them debt validation letters.
"If your repeaded disputes are the result of your impression that debt collection agencies must provide detailed documentation evidencing the origions of a debt, please not that Courts have repeadedly held that the validation requirement of the FDCPA requires only that debt collectors confirm in writing that the amount being demanded is what the creditor is claiming is owed. Debt collectors are not required to keep detailed files of the allegded debt. Verification is only intended to eliminate the problem of the debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid."
The last paragraph also says that "collection agency does not respond to frivolous law suits."
Umm, WTF? Is that correct? I demanded several things.
-the agreement which authorizes them to collect the debt
-signed agreement from debtor to collect
-show SOL has not expired
-provide me that you are licensed to collect in my state
etc.
Sorry for the spelling errors... couldn't fix them anymore!
debt validation
Hi SvenTX,
Welcome to this community :)
No!!! By doing this they have violated the Fair Debt Collections Practices Act (FDCPA). According to you have the right to seek validation from the debt collector. You should immediately complain about this collection agency. File complaints with the Federal Trade Commission, and the State's Attorney General. Also dispute this item with the credit bureaus.
Thanks,
Aaron
I will explain more later. ODn't have much time right now. The next step is probably the "intend to sue" letter. Should I include what you said? That it is illegal for them to do this? That they have to obey the law etc.
Hi SvenTX,
Should I include what you said? That it is illegal for them to do this?
Yes, you can include this in the intent to sue sample letter. If you really have to sue do consult an attorney.
Thanks,
Aaron
Thanks. I would rather not get an attorney. They actually don't ow the money, and it's not on my credit report yet.. But this is the third time a CA is after me for money I don't owe. I had a dublicate account with ATT, which I actually got deleted etc. For some reason it still went to the CA. Only provided me with some print out that didn't have much on it, and then I got this stupid letter. I'm so ready to sue them this time. I know it would be cheaper just to contact ATT, have them send me a letter saying it was a dublicate account etc. ( which is what I would have to do anyway if I head to court). I don't know! I just want to fight them and cost them as much money as possibile! They gotta learn not to go after just about anybody for no reason!
suing the CA
Hi SvenTx,
OK I understand :) Best of luck.
Thanks,
Aaron
-the agreement which authorizes them to collect the debt
-signed agreement from debtor to collect
-show SOL has not expired
-provide me that you are licensed to collect in my state
FYI, the law does not require them to provide all this. they need to tell you whether they own or are assigned the debt. fed law does not require that they show you a copy of it of this agreement. the SOL will be derived from the records which must be provided from the OC. the CA must notify the OC about your request for DV and they cannot pursue collection until you receive these records.
they must be licensed to collect in some states not all. rather than just asking for the license, I would say " I have found no evidence of your license to collect in my state" and let them respond to that dispute.
the FDCPA does not give an exact answer on what is DV. It is cool to ask for a lot but the rule is that DV is what a judge says it is.
ps get that documentation from ATT asap, and keep a copy of it. for future zombie debt attacks