Sent request for Debt Validation and this is what i got...

[getmeoutofhere]

ok...So I have a credit card with Citibank that I can no longer pay. It went to a lawfirm for collections. I received a letter in which I sent them a letter requesting that they validate the debt... you know, one of those canned letters that asks:

Please provide me with the following:

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;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
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

What I received back was a letter stating: "In response to your request, please find enclosed verification of the above referenced debt, which is provided in strict accordance with 15 USC 1692(g)...."

What they sent me were copies of the credit card statements from 8/07 to 8/08. That is all...no other documentation and the letter only said to contact them if I had any questions.

My question to all of you out there is...what now? Is this all that they need to provide under the FDCPA? Is the considered a "valid debt verification"? What should my next step be?

[BassBoy]

First question is........is this a valid debt you owe? You can send validation letters until the world comes to an end and it won't do you much good, except add on more charges/interest as the debt becomes further and further pass due. It baffles me as to why anyone would send validation of debt letters for a valid debt owed.

Next, this forum discusses bankruptcy, and yes, we discuss debt collections, but mostly the discussion doesn't really pertain much to validation of debt, so I don't know how much help you'll receive here. We've have some discussion about this topic, but it's quite rare.

[treehugger1]

"to the best of their knowledge," they probbaly sent you something that will suffice. The real issue would come up should you be sued and need to defend against the suit. There are other boards out there (debtorboards, etc) who might have more info. Since they sent you SOMETHING, I'm willing to bet they are willing to play and fend off anything you throw at them. The question is, "Are you willing?" If the debt is legitimate, then the ultimate battle will be from your side. JMHO

[WhatMoney]

Debt validation has a very low bar to be satisified. What you were sent seems to be sufficient. The validation form letter you sent is some internet wag's idea of what the "ideal" validation should be - but has nothing to do with the actual FDCPA lawthe debt collector will obtain
verification of the debt or a copy of a judgment against the
consumer and a copy of such verification or judgment will
be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request
within the thirty-day period, the debt collector will provide
the consumer with the name and address of the original
creditor, if different from the current creditor.

[BigJohn]

I woud not talk to them on the phone. I would write them a letter saying you are not familiar with the debt and would like copies of the credit card slips sent to you. Once you have positive proof or no proof, that will direct in the way to handle the debt.

[treehugger1]

I agree with bigboy here. I've had to send several DV requests and have only used very clear info gleaned from "canned" letters off the net. As an example, I am now being dunned by a rather notorius attorney firm that is currently under investigation by my state bar and has two outstanding federal lawsuits pending against them.

My letter to them clearly states I am disputing the debt.

In addition I make it clear that I will exercise all state and federal rights. Since I expect some shenanigans from these folks, I also made it clear that any legal action on their part will require them to operate under my state and local rules of civil procedure. I also stated that I have been a resident of my current county for the past 15 years (I want to make it clear about potential jurisdiction.)

I always make it clear where I can be contacted by mail. I request any and all telephone and or email contact (with me or other third parties) be suspended.

I do not threaten with lawsuits, etc; however, I make it crystal clear that any future action will need to be inline with local/state/federal law.

If you are serious about following through on any and all actions against you, then you need to make it clear that you know your rights without sounding as if you are threatening.

And then, you should be prepared to occasionally check your local/state systems to see if anyone has attempted to sue you where you never received notice.

And as always, if served, check to make sure the papers you received are signed off by the court/judge, and always answer legitimate complaints against you. If the papers appear to be illegal, contact an atorney or file a complaint with your AG's office. CC your complaint to the alledged plaintiff.

Just my opinion.

[WoodSprite]

First question is........is this a valid debt you owe? You can send validation letters until the world comes to an end and it won't do you much good, except add on more charges/interest as the debt becomes further and further pass due. It baffles me as to why anyone would send validation of debt letters for a valid debt owed.

Next, this forum discusses bankruptcy, and yes, we discuss debt collections, but mostly the discussion doesn't really pertain much to validation of debt, so I don't know how much help you'll receive here. We've have some discussion about this topic, but it's quite rare.

Chiming in late, here, but this might be of interest to others. BassBoy, I agree this sounds completely wrongheaded, but it's actually generally done as a legal strategy to buy a bit of time.

Just before I filed, I was waiting for a fairly large (to me) payment for a freelance job I'd done, and worried sick that somebody might figure out I had land to lien before that payment came to me. Much as I desperately needed that money, I was just going to plan to eat it - my house and land were more important than anything else. But my atty advised me to send one of these letters to my creditors.

It bothered me a lot at the time - of course it was a valid debt! But it worked, it's legal, and it's evidently a fairly common practice. In the few weeks it took them to respond, I was able to receive and spend the payment - on exempt assets and lawyer's fees, of course. No objections were made at my 341, and I very much hope to be reporting some good news in a few weeks.

[ssdsco]

I've sent 30+ DVs as the debts were xfered to CA's. About a 1/3 responded with statements. 50% of the debts are on their 2nd or 3rd CA or Law Office of... I'm 16 months since last payment for about 20 OCs. No summons has been served so far.

I check the online database for lawsuits every couple weeks and last June a lawsuit was filed. I requested a DV before the lawsuit was filed so when I saw the lawsuit I sent a follow up letter saying I never received the DV. I didn't mention I knew about the lawsuit. About 6 weeks later they sent me a letter saying they're working on my request acknowledging they didn‘t respond to the first request for DV...idiots. So it's been 90 days since the lawsuit was filed and I still haven't gotten the response to the DV and the lawsuit hasn't been served.

[treehugger1]

SSD, Interesting! Have you rechecked with the courthouse? In some states the civil rules of procedure have specific timelines for further actions in the suit. Perhaps you should send a letter to the court and ask that the lawsuit be dismissed. Who know, doing something is always better than doin gnothing.

I just got a call from "the law offices" of some firm in California. I called them back and identified myself, told them I was recording the conversation and the guy immediately wanted me to verify last-four of SSN. They never, ever identified themselves as "attempting to collect a debt." I told them they had my name and address and I expected a letter to be sent out within the five days required by the FDCPA. He said a letter was scheduled to go out Sept 8th (today.) What bullsh*t. I expect to get the letter, but I also expect to see this debt passed on to someone else. However, I will DV, just to begin buliding a chain of communication for future reference, if needed. I don't even live in CA. They would need to spend a substantial sum to bring suit against me in my state. I suspect they will either repackage the debt or look for an attorney in my state.

It is amazing that we are now in a time where 1) The population is more educated, or 2) Folks can quickly educate themselves as to their rights via the web. I think this will ultimately lead to an enitirely new appraoch by JDB attorney firms. If one is going after debt, it might be best to send the debt to a legal firm licensed with your state bar.

I already transcribed the voicemail message and sent a complaint to my attorney general's office. The company that called today is not licensed in my state, but they CLEARLY identified themselves as the "law offices of..."

I believe this firm is part of the "Collect America" debt buying/collecting group that gets debt assigned via some weird and perverse debt allocation information system. What a bunch of goofballs. They didn't even have my first name correct. It already appears that the thread of information on this debt has broken down. F'EM!