If a settlement is negotiated with a CA, does this imply that the consumer accepts the debt as valid? Meaning, if validation was never given, and the debt still hasn't been paid, does he still have the right to go back and demand validation? To elaborate, let's say that the consumer wasn't fully aware of his validation rights under FDCPA until after the settlement had been negotiated.
Is there a material issue of whether the debt amount in collection is valid and correct, or the debtor in collection is the correct party? Did the CA provide the FDCPA required notice of dispute rights?
A copy of the original credit agreement, nothing more. Shouldn't proper validation consist of actual proof that charges were incurred, if this is demanded? Example, if Zales is saying that I owe $800, shouldn't they have to show where I signed for $800 (minus interest) of purchases?
Did the CA provide the FDCPA required notice of dispute rights letter, which is required to be sent by a CA within 5 days of first contact?
No. In the situation in question, CA was actually contacted when the item was found on the credit report. Validation was demanded but never replied to. Several months later legal action was threatened thus prompting creditor to try to settle.
