Ok, someone please explain this clause...If after I've talked to the Creditor my name and address have been acquired.....do they still need to send me a notice within 5 days of the 1st communication? This particular creditor did not....but says they have sent atleast 3 notices 2 by mail and one by email. Here's a copy of that particular clause and a link to my original thread... § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (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 that 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 collector 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. THREAD: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=417379#post417379
here is the issue to protect yourself the debt must be disputed in writing not over the phone. send your request CMRRR so you can prove the date they revd your dispute. if you call the creditor to request validation your inital communication is not in writing, thus the 5 days may not work in this case. I think you should look at the 5 days after the creditor recieves your dispute in writing. thats where the violations kick in. now in this case they only need to communicate in the 5 days that they acknowledge your request and will produce the entire validation within the 30 days as required under the FCRA.
The FDCPA DOES NOT APPLY to creditors I hope you meant a debt collector contacted you ? Not to "nitpick", but a dispute DOES NOT need to be in writing A dispute ONLY needs to be in writing to trigger section (b) of 809. A verbal dispute STILL REQUIRES the debt collector to report the debt as "disputed" The Brady case established that Additionally, the "5 day rule" ONLY applies after the INITIAL communication FROM a debt IN CONNECTION WITH THE COLLECTION OF A DEBT. Like validation, it does NOT restart. In subsequent communication with the consumer IN CONNECTION with the COLLECTION of a debt, the debt collector ONLY needs to identify themselves, and inform the consumer that this is in connection with the collection of a debt. Hope this clarifies it a little more
oh no here we go again hiding are you tierd today or something ? remember we went over this already the FDCPA does apply my attorney sent that letter to the Creditor needing to comply with 1692 it does apply to creditors also , I know the Fdcpa specifies debt collector but there is a clause that says creditors collecting there own debts are also considered in SOME CASES debt collectors. confused the heck out of me but that is the case. Ill find the case law for you showing this and will post later k
http://www.ftc.gov/os/statutes/fcb/fcb.pdf hiding this is the FCBA we talked about maybe your forgot Oc are bound under these terms in conjunction with FDCPA please see 1666a this is where some confusion lies. dont worry its all good
Re: Re: Help...fdcpa Question!!! -Tired and hung over -The FDCPA applies because of CA Law SO for YOU it does. -As I recall, the letter your attorney sent contained an excerpt from Ca Civl Code (talking about disputing with the furhisher after the results of the reporting agency investigation comes back and the furhisher has 30 days to reply?) Or was it section 162 (b) of the TILA? And to wiggle out of the debate, the poster asked a question about the FDCPA LOL -YES, creditors can be concidered debt collectors per the FDCPA. "FDCPA (a)(6)....the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts."
Re: Re: Help...fdcpa Question!!! oops should be more specific the FCBA that appies to OC is for credit card disputes if its an OC from anything else it may not be effective..
Re: Re: Help...fdcpa Question!!! oops should be more specific the FCBA that applies to OC is for credit card disputes i if its an OC from anything else it may not be effective.
Re: Re: Re: Help...fdcpa Question!!! LOL Fogot to ask...what is the liability for violations of the FCBA/TILA? I coulndt find it...its been a hard day LOL
Re: Re: Re: Help...fdcpa Question!!! section 170 of the FCBA I think I know as far as suit goes I remember reading somewhere that it holds similar penalties as the FCRA and FDCPA Ill keep looking gee thx another project, I feel another brain freeze coming on lol its friday night. give me awhile ok
Re: Re: Re: Help...fdcpa Question!!! Ok Ok Don't forget about me!!! Alright, I meant debt collector... Now, what should I do...I made it clear to her I wanted it in writing and that I've sent the validation letter to her...she kept insisting that she send the email like before (that she so conveniently never sent)...and I was like no I have sent you a letter of validation and I will wait for your reply but she was RUTHLESS....... I guess my problem is this....WHAT DO I DO NEXT?!?!? Just wait? I'm just scared they'll try and sue....and I've only gone to court for a speeding ticket....I don't have money for a lawyer or even to receive legal advice....what am I to do in order to stay within my rights? I'm not a bad person...I just want this all to end...or worked out legally without stupid complication....
Re: Re: Re: Help...fdcpa Question!!! I posted a reply to your questions on your original thread if you need me to post again let me know
