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The last post in this topic was posted 4616 days ago. 

 

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Posted

So did a CRA dispute with RJM Acquisitions and after it came back verified, they sent the following letter...

 

RJM Purchased Your: Overdrawn Bank Of America Checking Account

 

Bank of America Account #: 334xxxxxxxxx

Appears On Your Credit Report As: 334rxxxxxxxxx

Date RJM Purchased This Account - May 18, 2012

Your Social Security Number 254-xx-xxxx (this is how much of the social is actually showing)

 

RJM has received a Consumer Dispute Verification (a "CDV" from Transunion. RJM takes seriously its duty to maintain accurate information concerning this account. Please contract us if you believe anything about this account is not accurate.

 

blah blah blah.. attempt to collect debt... blah blah...

 

Sooo.... did they just pretty much validate even though I didnt send them a DV because they got the Verification request through Bureau... any other route of attack with this being within SOL (though i doubt they sue for this little amount) ... ?


Posted

Technically validation of a debt cannot occur until the accuracy of the claim has been verrified. Unfortunately the threshold for validation is fairly low. Unless you dispute the accuracy of RJM Acquisitions records then it could be considered validated.

Posted

Verification follows validation in the FDCPA process. If they verified, they satisfied both requirements. Validation is their requirement after they dun you. You don't have to ask for it, although normally they will respond if you do.

Posted

They did not validate.

 

Do they have a legal right to collect? Who knows?

 

Are they licensed and bonded to collect in your state? Who knows?

 

Have they proven they own the account? Who knows?

 

And on and on....

Posted

/>Verification follows validation in the FDCPA process. If they verified, they satisfied both requirements. Validation is their requirement after they dun you. You don't have to ask for it, although normally they will respond if you do.

They are two separate requirements, governed by two sets of laws.

Posted (edited)

 

/> Verification follows validation in the FDCPA process. If they verified, they satisfied both requirements. Validation is their requirement after they dun you. You don't have to ask for it, although normally they will respond if you do.

They are two separate requirements, governed by two sets of laws.

So the information as it is shown above still gives me room to send the DV shown on WhyChats page? ...and if so do i include the letter that was initially mailed as well or send a DV to them stating it is in response to them verifying with the CRA

Edited by lukegotswag
Posted

Anyone could print up a letter like that and send it out. Validation has to come from the OC.

 

Sweet... going to fire off a DV statign it is in response to their verifying the information with CRA.. and the 3 things i stated so as to not give an exhaustive list of examples or options is as WhyChats letter depicts..

 

Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment

 

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.

 

So what about the part where people state that as long as they mention the OC name, then it is validated... getting lost in the cracks here... going to fire off regardless, however, just seeking clarity..

Posted

One more time for those who do not understand or are a little fuzzy on the FDCPA: Validation of a debt cannot occur until the accuracy of the claim has been verified by the OC. A debt can be assumed validated if a dunning letter is sent to the consumer and the consumer does not send a validation request notice within the thirty day window or chooses not to.

Posted (edited)

Anyone could print up a letter like that and send it out. Validation has to come from the OC.

 

More accurately, they have to obtain the information from the original creditor.

 

( b ) 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, or that the consumer requests the name and address of the original creditor, 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, or 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.

Edited by direred

The last post in this topic was posted 4616 days ago. 

 

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