April 12, 2008
Re: Request for validation of account xxxxxxx
Dear gogoghoul,
I received your letter requesting validation of the above account. This account was assigned to our office by Mee Memorial Hospital in June 2002. Several letters were sent to the address which our client provided and none were returned as mail returns.
The Federal Trade Commission and the courts have ruled that our requirement for validation as provided in the Fair Debt Practices Act as:
The FDCPA requires that a collection agency cease collection activity until it provides verification of a debt upon written request received during the validation period. The FTC in its official commentary to the FDCPA, states that validation is "intended to assist the consumer when a debt collector inadvertently contacts the wrong consumer at the start of collection efforts." 53 Fed Reg. 50109 (Dec 13, 1998)
The courts have adopted a similar interpretation, stating "Verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt. Consistent with the legislative history, verification is only intended to 'eliminate the problem of debt collectors dunning the wrong person or attempting to collect debts which the consumer has already paid'.
This validation period is long since past.
Sincerely,
Dane Askins
Director of Operations
------------------------------------
Now, I am very new to the credit game and this is the first round of DV letters that I've ever sent, but this doesn't sound right to me... They don't have to keep detailed files? All they have to do is confirm the amount? Also, his quotes were in reference to verification, when I requested validation.
Someone help me with where to go from here. I'm confused and all I know is that this letter reeks of BS and has pissed me off.
Thanks!