Author Topic: Evaluation of DV Request  (Read 136 times)

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carnegie_IB

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Evaluation of DV Request
« on: August 11, 2014 06:28:58 PM »
Attached is the DV letter I sent to the medical collector

I DID NOT specifically DISPUTE the debt in that letter. Is that something I must do?

They RESPONDED WITH:

an itemized invoice. the invoice has no name or address or reference of the collector.
it has my name, account, and an internal http website address location on the bottom left.
they must have just printed from their internal screen.

should I send them another letter DISPUTING the debt and asking them to send my the validation one more time? what is the best way to handle this?

here is the FDCPA language that I think would apply.

809.  Validation of debts   [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the 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.

(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.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

BellEbutton

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Re: Evaluation of DV Request
« Reply #1 on: August 11, 2014 06:52:00 PM »
Quote
the invoice has no name or address or reference of the collector.

Verification is supposed to include the name of the CREDITOR to whom the debt is owed.

(2) the name of the creditor to whom the debt is owed;

An itemized invoice would more than satisfy the requirements in the FDCPA.   

Anyway, the letter you attached was not from a collector.  It was from a hospital.   Did you get a different letter from a debt collector?

fisthardcheese

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Re: Evaluation of DV Request
« Reply #2 on: August 11, 2014 06:56:32 PM »
As you posted, the FDCPA only allows for a consumer to dispute a debt and that shifts the obligation to the creditor to VERIFY.  There is nothing that says they have to do anything if you demand VALIDATION.

(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.

That letter you sent is one of the awful letters promoted heavily on other websites and it is pretty much useless.  Look up the DV letters on this board and you will find good, proper templates to use.

Additionally, as BellE pointed out, you are dealing with the OC, so none of this applies anyway.
As a Plaintiff: 4 Settlements (3 in arb pre-hearing)
As a Defendant: 2 JDB Suits Dismissed With Prejudice

carnegie_IB

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Re: Evaluation of DV Request
« Reply #3 on: August 11, 2014 07:14:19 PM »
so DV means Dispute Verify?

BellEbutton

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Re: Evaluation of DV Request
« Reply #4 on: August 11, 2014 07:29:47 PM »
so DV means Dispute Verify?

"debt validation"

Brunothe JDBKiller

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Re: Evaluation of DV Request
« Reply #5 on: August 11, 2014 07:33:40 PM »
Who is the "medical collector?" If it is the hospital calling, the FDCPA does not apply. If it an outside collection agency, it does.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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