NCHER SPRING CONVENTION Charleston, SC May 22, 2013. Larry Laskey, V.P. General Counsel Windham Professionals, Inc . Verification of the Debt. A more “active” role? “Knowing” when something is wrong? Creditor provision of documentation? PCA scrutiny? Adequacy of documentation
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Larry Laskey, V.P. General Counsel
Windham Professionals, Inc.
Cease collection and provide “verification”
Requests within 30 days of validation notice.
Amount demanded is what the creditor claims due.
No “pre-collection” verification requirement
Independent investigation of the debt
Copies of specified debt documentation
Client affidavits or other sworn statements
Proof of collector’s right to collect (contract, license)
Refer to creditor/litigation
Substantiate the debt
Evaluate reliability, accuracy, completeness, strength and credibility of information
Consider nature and frequency of disputes
Creditor must maintain consumer agreements (including amendments) and documentation evidencing the debt and each transaction.
Must provide documentation to consumer upon request made at any time