Re: Re: HELP!LOST 62pts. CLOSING in 2 DAYS! Ask your broker if they pull a second report, because you are thinking of financing some furniture and don't want to risk the INQ if they need a second report. If they say no you can relax about your closing and just go after this scum bag at your own pace. hope this helps
Re: Re: Re: Re: HELP!LOST 62pts. CLOSING in 2 DAYS! Re-read the FDCPA. Nothing requires a CA to validate within 30 days.
Re: Re: Re: Re: Re: HELP!LOST 62pts. CLOSING in 2 DAYS! I never said the CA had 30 days to validate. here's some FDCPA sippets of what I was talking/asking about: § 809. Validation of debts [15 USC 1692g] (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; (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.
You may request validation at any time and they are not allowed to continue to collect until they validate. The 30 day language prescribes a time period for the collector's benefit, that is to say, a time period after which the debt may be assumed to be valid. Right now, I'd would advise the original poster to just sit tight. Even if the underwriter was going to pull another report, s/he would have had to do it before now to get the paperwork completed. If it does come up, the OP will have a fairly large amount of damages to back up any violations.
Re: Re: Re: Re: Re: Re: HELP!LOST 62pts. CLOSING in 2 DAYS! This only applies to what the CA can assume and has nothing to whith what happens after the 30 days. Once the CA receives a Val. Letter at any time The CA can no longer assume anything.
I realized one could ask for validation anytime. I've been trying to figure out whether or not the CA had to cease collections, etc, if it were outside that 30 days just as if it were WITHIN that 30 days. I'm hoping to find someone who can point me to a case, opinion letter, or something that would support this as it would be very handy! Your statement that it only gives the 30 days as a timeline for the CA to assume they can pursue the collection is a good one. I'll have to look at that some. Anyone else have thoughts on this?
Closing was delayed due to paper shuffle problems. Now it looks like next week. I contacted this CA and threatened the hell out of them. Now I'm going to sit tight and see what happens at closing. My broker says all should be fine, so I calmed down a little. I'm still pissed off, though. After closing, I'm going to unload on these people, and if there were to be a problem, I'll sue for actual and punitive. That ought to get their attention.
quote: -------------------------------------------------------------------------------- Originally posted by lbrown59 1*they have to stop collection activities since this is w/in the 30 day window. jason =============== 1**Wrong ******Once a CA receives a V.L. they have to stop collection. 30 Days has nothing to do with it.*****The END ****** LB 59 -------------------------------------------------------------------------------- Is this true? When I read the FDCPA it specifically says during the 30 day window. Are there some opinion letters, case law, or experiences to support this? if you're right then it would be a big boost to my efforts. jason_l =================== Sure is. For more on validation read this thread 4*http://consumers.creditnet.com/stra...ad.php?s=&threadid=42188&highlight=validation The END ************************* LB 59
Re: Re: HELP!LOST 62pts. CLOSING in 2 DAYS! I also go through CSC and when you call their # they give you a web site where you can dispute online. It's www.csccredit.com. Good Luck!
Re: Re: Re: HELP!LOST 62pts. CLOSING in 2 DAYS! Yep. Went that exact route a couple of days ago. Just found out about it. Must be pretty new. Anyway, CSC needs all the help it can get.
get validation from the CA - they have to stop collection activities since this is w/in the 30 day window. h jason_l ================ There is no deadline to validate. The END ************************* LB 59
1*CA's troll around looking for mortgage inquiries - they know that people are more likely to pay them if it's dependent upon you getting mortgage approval. Unfortunately, a lot of the time 2*they're placing the items on the wrong persons report! smontoya5 --------------------------- 1* The CRAs automatically notify the CAs about this. 2*They place it on everybodys report they have notification of. If they place the same collection on 10 peoples reports and 4 of them pay it they get paid 4 times for the same debt. The END ************************* LB 59
