Back in June I got the first letter from a pain the a** Collection Agency. I sent them a dispute/validation request right away via CMRR. I never heard anything back from them until the begining of September. They sent some computer printout to try and validate the debt. Well I know this is NOT validation. So I sent out another letter using the Form Letter Generator, asking again for proper validation. I didn't hear from them again until today. They just sent me a letter saying the following: "The balance due on your account remains unpaid. It is our job to determine what steps must be taken to prompt you to pay. Your response, or lack thereof, will determine our next step. Pay this claim directly to our office to avoid further collection efforts." So my question is how do I reply to this? I disputed this and requested validation within the 30 day time period from getting their first letter and they have not validated the debt. Is this considered continued collection activity and a violation of the FDCPA? Thank you!
Do they have a TL on your reports, have you disputed with the CRAs, and have they verified the TL with them?
Nothing has been listed on my CR yet but from the sounds of what they wrote they talk like they are going to be putting it on there or trying to sue me for the amount. I already sent them a letter before they sent me this last letter saying what they sent was not validation and I restated what I needed for proper validation. So now what? Thank you!!
I would write to them and state that their continued collection attempt without providing proper validation of the debt is a violation of sec. 809b of the FDCPA. They are now liable to be sued for stautory damages for this offense. Furthermore, continued collection efforts of any kind, including listing this TL on any consumer credit report without providing validation, will constitute a separate offense which will be actionable as well.
If all the facts are as you stated, and their first contact with you was in June, and you responded within 30 days requesting validation, and they have not provided validation, then you have a solid case, to sue for FDCPA violation. I would follow up the previous letter in a week with a small claims summons. This will show that you mean business, and are not going to take any BS from them.
