rcvd coll notice at old address

Discussion in 'Credit Talk' started by KeepSmilin, Sep 6, 2003.

  1. KeepSmilin

    KeepSmilin Member

    I received a collection notice at my parents house. I have not lived there in over 10 yrs. When I ask for validation of the debt do I mention anything about the address the coll notice was sent to is not my address? Part of the problem is I just picked it up the other day and the notice is date 8/6/03 which means my 30 days to respond was up today. What do I do?
     
  2. jlynn

    jlynn Well-Known Member

    3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
     
  3. KeepSmilin

    KeepSmilin Member

    thanks, I wasn't sure if it really was after receipt of the notice or not. Should I state that this is in response to the attached letter I received on 'x' date? or does it matter?
     
  4. jlynn

    jlynn Well-Known Member

    I always start my letters out that way.
     
  5. GEORGE

    GEORGE Well-Known Member

    THEY CAN NOT MAKE THAT STATEMENT!!!

    They can NOT prove that you ever received it...

    And by not responding...YOU CAN NOT ASSUME THE DEBT!!!

    I could send you a letter that says you owe me $100 and if you don't respond in 30 days...the debt if now yours...even if you NEVER even owed me $100??? or even $1???

    That would be like a CD company sending you 5 CD's and saying that if you don't want them...you have to send them back at your expense...(EVEN THOUGH YOU NEVER ORDERED THEM)
     
  6. KeepSmilin

    KeepSmilin Member

    So, are you saying the logical thing to do would be to dispute as 'not mine'? directly with the CRA?
     
  7. jlynn

    jlynn Well-Known Member

    Re: Re: rcvd coll notice at old address

    You don't assume the debt - the CA can assume the debt is valid. But you have to keep reading that section of the statute:

    c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer
     
  8. jlynn

    jlynn Well-Known Member

    Re: Re: rcvd coll notice at old address

    Nope, the logical thing to do is request validation, and start your letter out just like you said.
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: rcvd coll notice at old address

    Originally posted by KeepSmilin
    So, are you saying the logical thing to do would be to dispute as 'not mine'? directly with the CRA?
    --------------------------------------------------------------------------------
    Nope, the logical thing to do is request validation, and start your letter out just like you said.
    jlynn
    -------------------------
    The validation goes to the CA not yhe CRA.THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     

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