.... if you don't dispute a debt with a collection agency within the first 30 days of their initial notification? I have disputed with two collection agencies, only to have them write back to me saying that they do not have any obligation to validate anything, as I waived my rights to dispute because I didn't do it within the first 30 days. Heelllllllpppp!
Not true. Send them another letter telling them there is nowhere in the FDCPA that states if you don't dipsute within 30 days you lose your right to do so. In fact, it says that failure to dispute within 30 days shall NOT be considered an admission of liability. Send that with the estoppel and advise them they now have 15 days to properly validate or delete the items and close their books on the acct(s) or you will proceed as necessary.
Thanks so much for answering. After I posted this, I found another post almost identical to mine and got lots of good info from there too. Thanks again. I'll send those estoppels out first thing tomorrow morning. Thanks again!!!
Dear Girlie, Please see this thread. At: http://consumers.creditnet.com/stra...s=&postid=186819&highlight=failure#post186819 It speaks to this issue. Here is the section of law that you need. § 809. Validation of debts [15 USC 1692g] (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. You have the right to demand validation ANY TIME YOU WANT whether they actually sent you your first notice or not, doesn't matter. Not only does the law NOT say you lose your rights, it specifically says that you DON'T.
Dear Girlie, Please see this thread, I wrote it for you. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&pgnum=1&postid=188378#post188378
Actually, Butch, I saw the "confusion" post this morning and printed it out! VERY, VERY HELPFUL. Thank you so much for taking the time to help me. Your wisdom on this stuff is PRICELESS!!! I have another question - There is a CA in Maryland trying to collect on two old ER visits (for my children) totaling $450. I have sent them two dispute letters, both CRRR, and I have both the green cards. They have never responded, they have never noted the accounts as being disputed, and they even updated them in April. So now I am getting brazen - and I wrote them a letter demanding deletion of the accounts and $1000 (for violations) to settle this matter out of court. (I haven't sent it yet - it's just a rough draft - as I have no idea what the heck I am doing - because I have never even been in a court room!!!) Anyway - I am giving them 10 days to respond and if they don't, I said I would sue them. What kind - if any - response do you think I'll get?
