Contacted the FTC about Debt Validation

[cleaningup]

I just contacted the FTC and was informed that a CA DOES NOT have to provide you with an itemized statement when answering a debt validation. They only have to provide you with OC's name and an amount. I was told that only the OC has to send an itemized statement. I thought it was the other way around? This sucks!!!:confused:

[Trish]

In the FDCPA section 809 - Validation of Debts

(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. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer
requests the name and address of the original creditor.
Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.

If you request validation of the debt. They have to send you a copy of the debt/bill/invoice from the OC (and not some printout from the their (CA's) computer)
They cannot just send you the name and address of the OC.......that makes no sense. That does not give you proof of the debt. That's the whole purpose of asking for validation. Whoever you spoke with at the FTC did not explain things correctly.

Are you having a hard time getting validation of a debt from a CA?

ETA: I just called the FTC myself. The lady basically read exactly what I just posted above. She would not interpret the section for me and said if you have trouble understanding it, you may want to contact an atty or your state bar.
SO......I am not an atty by any means.....but my interpretation of the section posted above is that you should be able to get a copy of the debt or judgment from the CA (which has been provided by the OC).

The other thing I would like to add is that whoever you spoke with......apparently thought they could interpret that for you.........they shouldn't have because they're not allowed to and they were somewhat misleading by not giving you the whole answer. Not cool.

[cleaningup]

I am having trouble getting validation from CMI. They just keep sending me printouts from thier own computer screen. The rep at FTC said that this is verification and that only the OC has to provide me with detailed charges. I explained to her that, according to what she had told me, any CA could then just throw a dollar figure out there and I would have it on my credit file, possibly be taken to court, ect. She said that is why I need to keep reciepts!!!

This is frustrating to say the least! Thanks for the feedback Trish

[cleaningup]

I checked my credit reports today and noticed that this account was finally removed! I had decided to stop attempting to validate with CA and went straight to OC once I found out that they are required to validate in Oregon. I sent two letters, several phone calls (to the same person) and then sent in another request for validation along with my complaint to the BBB. I don't know what worked, but something did!

Trish,

Thanks for the help. Without the advise I would have given up.

[ca's RIP]

hi there,
so if you've dv a ca and they send validation but in your dv letter ask in writing to only be contacted by mail can they call you legally?

[cleaningup]

They are not supposed to call you after that.

[ca's RIP]

but is it a violation or is it just one of those rules that they are not supposed to break but do anyway

[jjgross]

Originally Posted by ca's RIP

but is it a violation or is it just one of those rules that they are not supposed to break but do anyway

They can call once to inform you they won't call you until the 30 days is up.

[tweetykakes]

I sent out DV letters to CA.

One CA responded Your balance is $0.00. This letter will confirm that the above referenced account has been cancelled from collections with our agency. We will no longer pursue you for payment.

One CA sent me some detail information but the amount they validated and what was listed on my credit report does not match.

How should I proceed???

[ca's RIP]

hey there,
so i dv'ed a ca that was on 2 cr's. still no reply after 2 1/2 months. also disputed w/ the cra's, and looks like they've verified?? so my question is should i send a letter to ca saying i'm going to file suit unless they validate or delete, or should i send letter to cra's asking how they verified?
thanks in advance