I just finished reading over the FTC letter to Berger. There is a great deal of discussion over the 30 day period during which a consumer can dispute the validity of the debt. I wonder why there has never been a question of any opinion regarding debt validation AFTER the 30 days? It seems to be a very common question on this board....Can I dispute the debt after 30 days? Obviously, people dispute debt everyday and they are within there rights. It is interesting to read the Berger letter though: We interpret the "thirty-day period" as a period within which consumers must dispute their debts in writing in order to avail themselves of their Section 809(b) rights, but not as a "grace" period. Thus, we believe that there is nothing in the Act that prevents you from filing suit during this period, so long as you do not make any representations that contradict Section 809(b). 809(c) states : (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. This allows us to presumably dispute AFTER 30 days, but it does make one wonder why the FTC was so specific about the 30 day period and does not address anything after that. Any thoughts on this issue? I am trying to become better informed and not just a push-button monkey following the steps of debt validation.
In my very humble opinion - When Congress wrote these statutes, I guess they believed that CA's would send out dunning letters immediately upon receipt of the debt. That is why they gave the consumer 30 days - so we didn't lollygag. Cneters have found that many CA's just stick it on your report, and never issue any correspondence. I see posts here weekly - help! new collection just showed up. That is one of the reasons, when I found collections on my reports in the beginning, I always started my letters with "This is the first time I was aware of this debt". Then proceed to claim all my first 30 day rights - let the CA's prove otherwise. Just my .02 cents
The FDCPA only applies to actions of Debt Collectors. It doesn't apply to consumers. You don't lose anything by requesting validation or not requesting validation. Sassy
