CA (Arrow) signed a certified letter on 8-28-02 in which I was requesting debt valdation. I have not received anything in the way of valadation, instead I got a settlement offer letter on Thursday. I called the CA and the first rep I talked to hung on me. I called back talked to a manager and he informed me that they did not have valadate debt that this had to be done in 30 days. I informed him that was not correct and he became beligerant. I ended the call- On Friday I found that CA had pulled a CR. Is this right? Sggestions on how should I proceed?
Hi Jules, You're exactly correct. The 30 days spoken of in Section 609 Validation of debts, actually has more to do with what THEY are and are not allowed to do. On the 31st day they are entittled to the presumption that the debt IS valid if you don't respond, and it'll stay that way until you say it isn't, (regardless of when that might be) which you did. Now the burden of proof shifts back to them to provide proof. Simply ignore what they told you and don't talk on the phone with them again. Send the second in the series of val. demands giving them 15 more days and include a C&D, (with the exception of mail). BTW - To the precise extent they are unable to validate they are more inclined to offer you a 50% settlement. Keep us posted.
if you don't request validation within the first 30 days of contact, you do not lose your right to request validation. the FTC is very clear on its position on this. besides... did the collection agency send you that first notice cert rr??? if so.. who says you got it? however, if your validation request is sent cert rr... you do have proof you sent the request...and that they received it and if they can't validate properly... why would you pay a dime? and if you are so inclined to pay anyway... then do you remember that debt you owed me?? that 1k... I'll take 500 for it now so... the CA pulling your report after receiving a validation request from you but before sending you proof is then a fdcpa violation... continued collection activity. Put some heat on it... FTC complaint... cont'd collection activity after receiving a val request... send a demand letter now for 1k for the cont'd collection activity... as an aside, I wouldn't bother calling anymore. only letters cert rr. make a log of activity and calls while the info is fresh in your mind... will you sue if push comes to shove? if so... keep detailed logs and records to prove your case