Re: Re: Re: § 809(b) Re-Written well that's kinda a bummer. I got a notice of received debt validation request on a BILL from a CA (though I never received anything from them, and stated that in my DV request).
Re: Re: Re: Re: § 809(b) Re-Written NyteAngel, This is important. STICK TO YOUR GUNS ON THIS ISSUE. If they failed to send you your first notice that IS a violation. (Albeit a hard one to prove). They can't just waltz into court and say "yes we sent it". You can make them prove they sent it by a preponderance of evidence that their procedures are situated such that they would have sent it, if their system says they did. Know what I mean? CRITICAL -> But if you say they didn't send it, and they say they DID, you have a genuine issue of material fact in dispute. In other words a disargeement. disagreement = lawsuit. THIS COMPONENT IS YOUR WORD AGAINST THEIRS. You may lose on this one issue but believe me they do NOT want to drag all their stuff into court and argue about it. See?
Re: Re: Re: Re: § 809(b) Re-Written Because of this caveat, MANY CA's are skipping the first in their series of dunning notices. The first, is the 5 day notice. (Notice of rights). They skip 1 and go immediately to #2. "You failed to repsond to our first notice, blah blah." Wanna know what I think? I think 2 can play that game. ~~ (understand)? .
Re: Re: Re: Re: § 809(b) Re-Written This is why Jodi, (Jlynn) ALWAYS begins by saying "THIS, THE FIRST NOTICE YOU'VE EVER SENT TO ME."
Re: Re: Re: Re: Re: § 809(b) Re-Written Yep. The bill threw me for a loop though. Still not quite sure how to proceed with that one. On my DV to them I stated this: In recently reviewing my credit report from CRA, I noted the above referenced account, which distressed and disturbed me greatly. I have never received any corespondence from your company, thus I am contacting you with notice that this alleged debt is disputed, and hereby request validation. They sent me a BILL with a note on it "this is from a debt collector" (no any and all information yadda stuff) We have received your DV request and have requested documentation from OC (or something pretty much to that exact effect). THey included an envelope for payment also.. I still dont know if they can do that or not LOL. Yeesh. Crazy things they do.
With the amt of violations the CRAs/CA's seem to have, why not have a violation letter to req the $$ in the sample letters? There's the PP letter but nothing that I can find on this (or did I miss it?)
