Response to request for validation

[anyeverynothing]

Hi all, thanks in advance for reading and for any help you can provide. I recently sent out a round of letters for debt validation/verification:

 

"This letter is being sent to you in response to information being reported on my credit reports. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

- Identify the original creditor;

- What the money you say I owe is for;

- Explain and show me how you calculated what you say I owe;

- Provide me with copies of any papers that show I agreed to pay what you say I owe;

- Prove the Statute of Limitations has not expired on this account

- Show me that you are licensed to collect in my state

- Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws.

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

This is an attempt to correct your records, any information obtained shall be used for that purpose."

WHEW - that was long

My first letter back says the following:

"thank you for your request for further info regarding the above referenced account. We purchased this account on Dec 28, 2009 6:00am. The previous creditor informed us that the account was associated with XXXXXXXX with a SSN XXXX.

We understand that you are disputing the accuracy of our records concerning the above referenced account. After reviewing the information you provided as well as our account notes, and information provided by the previous creditor, we are unable to determine the nature of your dispute, and consequently deny that our records are inaccurate.

If you still believe the account info is inaccurate, please provide an explanation of why you believe it is inaccurate along with any documentation you have supporting this explanation. Upon receipt of this new information we will be happy to reinvestigate our records.

The current balance may vary due to payments and/or accrual of interest."

SO. My question is essentially how to proceed. Obviously they didn't do what I asked and they gave me nothing except the name of the original creditor and the current balance. The burden of proof is not mine, correct? Do I send them another certified letter requesting the same information? Am I stuck and do I need to move to negotiating or am I in luck with this one?

Thanks again for any light you can shed on this. I appreciate it!

[Analysis]

Send back a much, much, simpler letter, acknowledging their inadequate response. Look into the sample letters forum on this site for DV#2, and modify it to match their letter to you.

[Sandscrit]

The requirement for validation is very low,all the CA has to give you is the name,address, account number and the amount of the debt of the origional creditor. It only takes a short paragraph to ask for validation. If you don't want the CA to call you, write don't call me at any time, send all correspondence by USPS. If they call file a lawsuit. You can always send another dispute letter if therer is an error.

[anyeverynothing]

Thanks guys!

 

@Sandscrit - I guess that's what I was wondering. The way they worded their letter it seemed like the burden of proof was on me and not on them. They only gave me the current balance, NOT the original debt from the creditor. You are not a/my lawyer but legally they have to give me the original amount, yes?

[Analysis]

/>Thanks guys!

 

@Sandscrit - I guess that's what I was wondering. The way they worded their letter it seemed like the burden of proof was on me and not on them. They only gave me the current balance, NOT the original debt from the creditor. You are not a/my lawyer but legally they have to give me the original amount, yes?

I think their validation letter went out automatically before someone manually deleted from the three CR's, and that is why it is meaningless.

 

It'll cost you forty five cents to send a response to their letter.