How BFG Worksrichbur
How BFG’s Documents Work
Burlington Financial Group’s (BFG) custom designed documents invoke the laws and statutes found in the Fair Debt Collection Practices Act, and other laws to protect consumers against third party debt collection agencies, fraudulent debt collection practices, and violations of consumer rights.
Our package starts with a demand to your collector to provide validation, verification, and proof of their legal authority to collect debt against you.
Utilizing the various laws pertaining to debt collection, lending, and billing practices, BFG’s specially designed paperwork notifies your collector a demand to cease collection activities until such time as they have verified, validated, and proved their authority. Some of what we require as part of this process includes a fully completed Debt Collector Disclosure Statement, proof of how they got the debt to collect (bought it, assumption, novation, etc..), the history of the debt (was it charged off, paid by insurance, etc…), and original accounting and contracts from the original creditor upon which the amount owed is based, and more.
When your demand for verification, validation and authority to collect is sent Certified Mail by a notary public, the debt collector must respond in a timely manner to the representative through the notary. If they fail to return all the demanded proof (which is almost always the case), then a Notice of Non-Response, Notice of Fault, and Affidavit in support of Non-Response is sent by Certified Mail providing the collector with a limited additional time to respond. After a short period of time expires for their second chance to send the required proof of verification, validation and authority to collect (which they almost never do), the matter should be resolved since you have proof that the debt was not verified and validated.
In the event that the collector continues making demands or files a suit against you, the notarized record of the demands and non-response (called a commercial record), can be used as your defense that the debt was not validated. You can, in some cases ,also sue them back in a counter-claim for a violation of the Fair Debt Collection Practices Act (FDCPA), which states in part at 15 USC §1692g(b):
“If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section 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 a 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.”
The verification described above is only one part of what our package demands of the debt collector. The FDCPA, The Federal Truth in Lending Act and Fair Credit Billing Act, in order to ensure not only verification but also validation and authority to collect.