PRA cites Graziano v Harrison & Won't Provide Full Statement
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Posted by OhioMichael (199.183.93.77) on July 28, 2002 at 11:39:15:
Have They Provided FULL Validation? In response to my second letter for validation, Portfolio Recovery Associates (PRA) sent me a letter with copies of the last two monthly statements of the credit card account before it was closed and charged off by the original creditor and an illegible copy of the section of the credit card application that has the signature. I can read the signature but I cannot read any of the text (very blurry) on the photocopy of the application and I don't see the name of the original creditor on this very poor photocopy. I thought they had to provide a FULL statement of the account as well as a contract bearing my signature for the debt. Below is an excerpt from PRA's reply...
"You state that federal law requires that we provide all statements evidencing the underlying purchases on this account. That is an incorrect assessment of the law. In this connection, I refer you to Graziano v. Harrison, 950 F. 2d 107 (3rd Cir. 1991), in which a computer printout of the details of the debt was considered sufficient by the Court. See also Chaudry v. Gallerizzo (4th Cir. 1999) 174 F3d 394, in which the Court stated, '...verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the debt. There is no concomitant obligation to forward copies of bills or other detailed evidence of the debt,' citing Graziano. Moreover, there is no requirement that the level of verification of the debt that you are demanding be provided." What is "Graziano v Harrison" and "Chaudry v Gallerizzo?" Aren't these old cases? Is there any precedence that is more recent and at a higher court level that would support my request for a FULL STATEMENT of the account?
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