Hello all, This is my first post here on Credit Talk. I've been lurking and reading for quite some time, and decided that it's finally time to jump in! My story is, I imagine, quite similar to the experiences of others. Young and dumb, living for today, yadda yadda yadda, etc. I'm now a "mature" 30 (Hah!), and trying to undo the mess I've created for myself. Half of the negatives on my report are relatively recent and relatively painless--I can deal with four negative TL's for under $300. However, there's a big stinker of a negative, totaling almost $900. It's allegedly from MCI, and Midland Credit Management has bought the account. They're now offering me "generous settlement offers" and whatnot. The CRA's have told me that this account goes bye-bye in June '09. I'm now sitting with my five RRR postcards, and am waiting for the action to begin! I DV'ed my CA's last Friday, and I'm curious to see what happens next. The problem is, some of these accounts had been sitting on my desk for months, as I did not have the money, time, or psychic energy to deal with them. Having stumbled upon this forum has reinvigorated me to actually clear up this mess, however. The prospect of marriage and home ownership is on the horizon (a year or two away), and I need to shape my ass up! So what exactly happens when you DV a CA after the 30-day window upon initial contact? I thank everybody for their help in advance, and I'm glad to be a part of this community! Squid
From what I've been able to previously find: (Note: I can't post the URL--it is to Butch's "What is Validation?" Thread, pages 3 and 4) It seems that one never relinquishes their right to debt validation, no matter what the time frame is. However, I've read on other sites that once the 30-day window passes, the CA may continue with collection activities. I can't find anything on whether the CA is obliged to furnish DV information beyond this window. Squid
The post you refer to is now somewhat outdated. Back then debt collectors had to wait the 30 days after sending out their initial contact letter before moving on with continued collection activity. Today that is no longer true. They can move forward to collect until such time as they have received a demand for validation from the consumer.The consumer never loses the right to demand validation.
Thanks for your reply, cap1sucks. Do the same rules still apply in regards to what happens once DV is sent--i.e., that they must validate before proceeding any further? Squid
Here is what the law says. It is that part of the new FACTA law that was enacted by Congress on October 4th, 2006. That should answer your questions.
Here's an update: I've gotten validation from one of my creditors. It's a bill I was planning on paying anyway, so no big deal. Now the fun part: Midland called me this morning for the first time. "James" wanted to know whether I'd be settling up my debt. Funny, I didn't know that "James" was a common name in India. When I told him that I was waiting for my validation, he told me that the burden of proof was now on ME, and that they were not obligated to provide me with anything--the "validation window" had passed. I have no documentation of this debt--it was first delinquent in 12/2002. Unfortunately, it was in R.I. (10-year SOL), even though I'm now living in CT (6-year SOL). Any thoughts? Thanks, Squid
He's right. The FDCPA states that a request for validation only halts further collection activity if a consumer requests said validation within 30 days from their initial communication from the debt collector. However, there are many things which could be construed as the initial communication. Still, it seems the window has passed for you insofar as you acknowledge receiving offers from Encore. As for the FACTA Amendments to the FCRA, that is applicable to original creditors. Please be advised though that the provisions therein have no teeth inasmuch as their contains no private right of action in the language of the Act.
You might point out to James that it would be hard to know if this was a valid debt and not some case of mistaken identity or other error until you've received validation. Surely, James wouldn't expect you to just send money to anyone who calls you and happens to know your name. (Even though that's how they make a lot of their money )
True enough but, legally speaking he is correct in that they don't have to send anything if the 30 days have expired or if they don't intend to pursue it any further. They're liars by and large I will concede . . .
No doubt. It's always best to jump on these quickly. However, if you haven't, and the CA is trying to "reason" with you, you could try and reason back saying that you don't just go sending money to just anyone who calls. Before you even think of sending anyone any money, you need to see some paperwork that shows the account, the amount due, and that they are the ones authorized to collect it or, to paraphrase the collection letters, "if you don't receive validation in a timely manner, you will assume that the debt is not valid." For all you know, absent validation, they are scammers trying to defraud you of some money. Hey, if they can assume all debtors are deadbeats, you can assume that all CAs are fraudsters. If they prove they are not a fraud, you can prove you're not a deadbeat. So, they don't have to validate after 30 days. Well then, you don't have to send them any money. Once you reach an impasse like that, if sending you a letter might get you to pay, it might be worth the price of a stamp to send it. OTOH, reasonable collectors seem to be few and far between.
