Sent off validation to Evergreen Professional Recoveries, they signed on 02/05. Received letter from them on Friday dated 02/27 stating "Your letter of dispute regarding the above referenced account has been received. We have requested proof from our client that will eitehr validate the above mentioned debt or clear this item from our records. This process can take up to thirty (30) days. If and when we receive proof of indebtness from our client, a copy will be provided to you and collection efforts will resume on your account. If proof cannot be provided we will notify you of cancellation." Now first off I thought I had them on a violation a few weeks back but when I posted I believe someone said that I did not, after they received my validation request on 02/05 they immediately sent off settlement offer letter that exact same day, dated 02/05. I though that would be considered continued collection efforts after receiving validation request. Now my question is, do I have to wait on them or should I send them estoppel on Friday (31 days)?
Send the estoppel letter after the 30 days expires from the date they received the request for validation. Did you send the request for validation within the 30 days of receiving their first collection letter?
Actually no, but I thought section (c) applied to if you request validation after 30 days. 809. Validation of debs [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or tht the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collectior obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (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
Don't make no Difference.They can't pursue collection before they Val. ! After they get the Val.L. they must cease Col, efforts until they properly Val.!
So does that mean that they did in fact violate because they sent out settlement offer letter the same day they received my validation?
That might be "iffy" because they could say outgoing mail left at 10:00 AM and incoming mail didnt' arrive until 1:00 PM. I'm sure they purposely mailed it *AFTER* receiving your correspondence, however proving it will be another thing. Send the estoppel on the 30th day they signed for the green card!!
