Debt Verification response

[Nantra]

What is the name of your state?What is the name of your state? Ohio

Today we received a response to our debt verification letter from the lawyer's office representing the creditor. It was an "Affidavit of Ownership and Sale of Claim", and states that Portfolio Recovery Associates now owns the debt, and gives the amount due, account number and an "as of date".

I'm sure this is not true verification of the debt because they did not provide what I asked for. Am I right? If I am, what's our next step? Do we send them another letter stating that they haven't provided enough info to prove the debt is actually ours? Is there a letter I can use as a template for this?

Our thirty days DV waiting game was to end on Monday. Figures we'd get something at the very last moment.

Thanks for any help you can give me.

Nantra

 

[Ladynred]

There is a difference between 'verification' and VALIDATION, and I hope you asked for validation.

If you did, then what you got is NOT enough to prove you own the debt, sounds like what you may have gotten was an affidavit, which means diddly.

You can write them the 2nd letter telling them what they sent was insufficient to prove anything except that they own someone's debt. If what they sent IS an affidavit, then you need to dispute IT specifically and reject it. If you don't reject/dispute an affidavit, you are tacitly AGREEING with it !

I suggest you look up Spears V. Brennan -- and go over to creditinfocenter.com for more info on the next step.

How old is the debt ?? When did you last pay the ORIGINAL creditor ??

 

[Nantra]

Yes, what I asked for was Debt Validation. Sorry. I'm looking at a copy of the letter we sent them right now and it's the Validation letter from credit infocenter which lists all the paperwork I need to validate this is ours or not.

I figured sending them a reply letter was the next step, but I wanted to make sure. And I wanted to make sure I said the right things back to them.

The last payment to the OC was 3/2000, but this is Ohio and our statute of limitations for open accounts is not defined, which means most courts, I've heard, go by the SOL for written agreements... 15 years. So SOL probably means diddly in our case.

Thanks for your advice.

 

[russeal]

Ladynred has been a big help to me, and I am sure she is right. I just had a collection agency dismiss their suit by sending a demand for validation letter. They need this to prove their case, make sure this ask for everything. Like she said, what they sent you proves they purchased a debt, not that you actually owe the debt. Do not let them sue you with out this. Do not let them go to court with out you being there. Your absence, your failure to reply, your failure( if you do so) to not insist on a true validation, could allow them to win a judgement in court. Since they did not provide you with validation, chances are they do not have the documentation (though they could be just being lazy). And they may not reply, and just sell your alleged debt to someone else, who will start the process all over again. Best of luck.