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JDB responds to validation with Application from OC

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Posted (edited)

1. EX & EQ deleted a collection acct from my report in 2016 after one initial dispute 
2. In 2019, a JDB reports on EX & EQ for the same acct. I requested a DV and the JDB sent the initial application.

3. OC sent the wrong item in 2014 and after 6 months of disputing they stopping collection attempts. (technically this should be #1). 
4. I disputed the JDB (2nd ÇA) with the CRA’s and it came back verified. 

What letter can I send to the JDB after they responded with the initial application from 2014 and what is another dispute tactic to the CRA that only responds with previously verified. 
 

i searched but searching here is not the same anymore. 
thanks in a d’avance for input 

Edited by pissarita
Title clarify

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There is no absolute standard as to what qualifies as "validation" other than to address whether it would satisfy a court of competent jurisdiction that the correct party was being dunned and that the amount sought was consistent with the delinquency.

 

Kitchen sink letters are trash but a SPECIFIC dispute may very well be something that the original application would suffice.  Without knowing WHAT was placed into material dispute and WHAT State laws may exist in your jurisdiction, it is difficult to say what the next step would be...what you do NOT want to do is send generic tripe.

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The FDCPA requires that they give you the name of the entity suing, the amount, and if requested, the original creditor. (usually only a JDB does that) Giving you the app tells you who the OC was. It's a pretty low standard. 

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1 hour ago, legaleagle2012 said:

The FDCPA requires that they give you the name of the entity suing, the amount, and if requested, the original creditor. (usually only a JDB does that) Giving you the app tells you who the OC was. It's a pretty low standard. 

And in some cases, this low bar is not hurdled.  

 

What usually happens is there is a mixup somewhere, and the wrong information is sent.  If that happens, and they continue to collect, that is a violation.

 

These situations are a lot more rare than they were in the old days.  I had over $100k in unsecured debt when the Great Recession started.  Tens of thousands of that were wiped out using the then-controversial TrueQ Arbitration method, which is now recommended by the same people who trashed TrueQ and his method back in the day.  But MOST of that debt was actually wiped out because of no validation.  I had between $60-70k of debt in two accounts with BOA.  I played a game of whack-a-mole for several years -- they would send an account to a CA, I would send a DV letter, and then no reply.  A few month later, a different CA would send info on the same account.  Finally they gave up.

 

There was another account with a different bank in which I sent a DV letter to a CA.  The CA asked the OC for validation, and the OC sent back a letter, which the CA forwarded, saying the OC didn't have to validate a debt.  The ID-10-T for the OC seriously didn't realize that they were precluding the CA from pursuing the debt.  I walked away from that one as well.

 

These situations are MUCH rarer than they used to be.  But occasionally this actually still happens.

 

If this actually happened, and they are contusing to collect the debt, then they are violating the FDCPA, and POSSIBLY the FCRA.

 

As others have mentioned, the bar is VERY low.  If they simply say: "we own the account, which we got from Big Bank, and the amount is $xxxx", they have cleared the hurdle and there is no violation.  

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Actually, they were required to send you any documentation.   Finding an entry on a credit report is not an initial communication that triggers a consumer’s right to demand validation under the Fair Debt Collection Practices Act.  In addition, the Fair Credit Reporting Act does not require documentation be sent to a consumer in response to a dispute.  

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3 hours ago, Bluesie58 said:

Actually, they were required to send you any documentation.   Finding an entry on a credit report is not an initial communication that triggers a consumer’s right to demand validation under the Fair Debt Collection Practices Act.  In addition, the Fair Credit Reporting Act does not require documentation be sent to a consumer in response to a dispute.  

Hence my additional comment of needing to know what STATE laws apply...some (such as here in the Great State of Texas) are far better than federal statutes.  Others are just as ineffectual as federal law...

 

But, since OP has not come back to the thread, it is all meaningless...it is so frustrating to try and offer guidance only to have an OP never come back to the thread.

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On 5/8/2020 at 11:19 AM, centex said:

Hence my additional comment of needing to know what STATE laws apply...some (such as here in the Great State of Texas) are far better than federal statutes.  Others are just as ineffectual as federal law...

 

But, since OP has not come back to the thread, it is all meaningless...it is so frustrating to try and offer guidance only to have an OP never come back to the thread.

I’m here— what guidance do you have to offer please. I didn’t get a notice of response so my bad on the delay. 
 

 

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1 hour ago, pissarita said:

I’m here— what guidance do you have to offer please. I didn’t get a notice of response so my bad on the delay.

See my reply from May 7th.  That additional information is needed to give any modicum of guidance that may actually apply to YOUR situation...

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On 5/7/2020 at 11:15 AM, centex said:

There is no absolute standard as to what qualifies as "validation" other than to address whether it would satisfy a court of competent jurisdiction that the correct party was being dunned and that the amount sought was consistent with the delinquency.

 

Kitchen sink letters are trash but a SPECIFIC dispute may very well be something that the original application would suffice.  Without knowing WHAT was placed into material dispute and WHAT State laws may exist in your jurisdiction, it is difficult to say what the next step would be...what you do NOT want to do is send generic tripe.

State GA. What do you mean ‘what was placed in material dispute’ ?

i disputed the validity of the account, the amount, contract obligations between JDB & me. 
History: The actual purchase was disputed with the original seller since they delivered the wrong item and their delivery service refused to carry it back to their truck and take their item with them!!! 
It went to some collection company and was deleted... now 5 yrs later it’s showing up from this JDB at 4x the cost. 

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It appears you did not pay for the item, nor did you send the wrong item back. That may pose a problem if this gets in front of a judge.  We need a lot more info than this. 

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7 hours ago, legaleagle2012 said:

It appears you did not pay for the item, nor did you send the wrong item back. That may pose a problem if this gets in front of a judge.  We need a lot more info than this. 

Interesting there was a 10% balance left  not including the shipping fees... arrangements were made for pick but they never showed. So to show a judge how they failed to pick up their product after numerous written communication of them agreeing to it— I might be ok. But who knows. 

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