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Originally Posted by canagarian
I have been lurking and learning for awhile now and I am glad I came to this forum. Got my first letter today (not certified) from the collection attorneys.
Their letter said Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or obtain a copy of a jugement and mail you a copy of such verification or jugement. If you request this office in writing within 30 days of receiving this notice, this office will provide you with the name and address of the original creditor, if different from the the current creditor.
Can I then assume they have verification ready and probably I am out of luck? Will a VOD be a proper response to this letter.
I think I may be confused by the terms, verification vs. validation.
All help is appreciated.
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If you really listen to what they are saying it will make sense to you.
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid.
So notify them that you dispute the validity of the entire debt! Tell them to provide a contract between you and them, ask them for the original promissory note with your signature they are trying to collect on, tell them to provide proof from the alleged original creditor that they are authorized to act on behalf of them.
This should help you get started. Quote the FDCPA as well, in the VOD there is a quote, just copy and paste that.
They will probably send you an invoice or tell you when the account was opened or something of that nature, which won't be validation. You play offense, make them try to steal the ball from you.
Just my thoughts. . . .