Ok I'm sending my "dunning" letter to a CA tomorrow, see it here: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=2&postid=211530#post211530 These are the violations: FDCPA 1. § 809. Validation of debts [15 USC 1692g](b) ***they never sent me any proof*** 2.§ 807. False or misleading representations [15 USC 1962e] (8) ***they reported to the CRA after I requested proof*** FCRA 3. 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (3) ***they never reported it as disputed. I also have a copy of the Cass opinion letter that states reporting when the consumer disputes within the 30 days is a no-no (which is what they did). List of events: 12/01 got 1st letter from them. 1/12/02 faxed a dispute 5/02 appears on TU report 6/02 dispute with TU 7/02 comes back verified Am I missing any pertinent info? Anyone have some case law that can back up my claims as well? EDIT I found the first letter from them 12/29/01 their last paragraph says: "The law does not require our office to wait until the end of the 30 day period to collect on his past due account, INCLUDING POSTINGTHE UNPAID ACCOUNT TO YOUR CREDIT RECORD FOR SUCH TIME AS ALLOWED BY LAW. If however, yo request in writing proof of the debt or the name and address of the original creditor within the 30 day period that begins when you receive this letter, the law requires us to stop collecting the debt until we mail the requested information to you." This is the one and only letter I received from them, when hubby asked for validation with these clowns for HIS debt, the properly validated and continued to try and collect. These are thge Aholes that properly validated hubbys last CA account.
Kellie, Put a stamp on it and send! It is a great letter. No need to cite case law etc... K.I.S.S.!! Works much better. -Peace, Dave
