Dun letter with no 30 day notice language?

Discussion in 'Credit Talk' started by Indexarb, Apr 16, 2007.

  1. Indexarb

    Indexarb Active Member

    Got a dun letter today from a new bottom feeder who is about the 10th buyer of a zombie debt way out of SOL, etc. This loser didn't bother to include the 30 day negative notice language (if you dispute, blah blah blah). I'm thinking this is a FDCPA violation before they even do anything else. Am I right? I am going to respond with a C&D letter but just curious.
     
  2. collectman

    collectman Well-Known Member

    Is this the first notice? The 30 day validation notice is only required on first contact/notice.
     
  3. Indexarb

    Indexarb Active Member

    first one I've seen

    This account just dropped off the reports about a week ago. I assume that's because it was sold again. So, yes, it is the first one I have ever received.



     
  4. collectman

    collectman Well-Known Member

    Call them and ask if they have sent any previous notices out, possibly to an old address they were given?
     
  5. BellaRuss

    BellaRuss Well-Known Member

    Not sure what the collectman is suggesting here. Are you suggesting a consumer call the CA? Why do that? Paper trails, the all important means for keeping CA's moderately honest, is abandoned when one calls a CA on the telephone.

    Use the US Mails for all communications with collections agencies, junk debt buyers, and their ilk.
     
  6. jam237

    jam237 Well-Known Member

    never call the CA.

    Draft a suit for filing to provide the validation notice, and include your DV in the ITS.

    Hey there, I just wanted to let you know that this account is disputed, and by the way, see you in court.

    :) Ok, not that direct, I seem to be the only one who is that blunt in my ITSs.
     
  7. Indexarb

    Indexarb Active Member

    Yeah, I included an ITS and settlement offer in my letter

    Not often you get one handed to you like that. It was actually addressed to my husband, who is an attorney. Ooops. Too bad for them. We like to sue here and we'll definitely do it.


     
  8. credit1

    credit1 Well-Known Member

    If it was the first communication and they did not include it they have violated the FCRA laws and owe you min. of 1k.

    Never call them, that is like telling me you owe it.

    It is there job to prove to you it is yours and not visa versa.

    ITS would be in the mail tomorrow.
     
  9. jam237

    jam237 Well-Known Member

    I so wish that I was attorney, even though CAs who receive my validation letter, think that I am... :)
     
  10. bizwiz41

    bizwiz41 Well-Known Member

    "Image is everything Jam!"
     
  11. Indexarb

    Indexarb Active Member

    My husband has had a couple of mistakes on his

    We discovered a "collection" for 14K on his report from a CA when he went to get a car loan and they tried to jerk him around on the interest rate (it's ridiculous - we could pay cash for the car but my husband has virtually no credit record since we pay cash for everything). Anyway, I wrote a DV letter on his letter head and sent it. We received a letter back from the CA's general counsel apologizing profusely and of course the TL was deleted from the report before the letter ever arrived.

    They apparently treat communications from attorneys more seriously than those from the general public.
     

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