in my earlier post about RMA I stated: "I just got a letter from RMA for a Sears account as well. Makes one wonder what Sears is up to, if RMA seems to have this track record of several violations. RMA offered a settlement, but stated that the settlement is only valid for less than 21 days. Does offering a settlement with a cutoff date less than 21 days any type of violation? Seems like they want to bait you with a settlement, but not allow you 30 days for any type of verification, validation, etc." I am now trying to figure out my best course of action here. 1) I could ignore this letter and see what happens. I don't think a great idea, since SOL is not up yet and risk a chance of a lawsuit. That would mean more $$ onto this account, which I don't have. 2) Request validation of this account. This would show that I recieved the letter and am alive and kicking and thus verified my address. I also think that not only should I have a signed contract with my signature, but also should get chrages and payments applied history. I don't have a clue as to the exact amount when I failed to continue making payments, but would like that information. 3) If and when, which seems to be the thing with RMA, I receive validation and requested other information....am I able to dispute any charges on this account? 4) They fail to validate after repeated requests? I then sue them? 5) Lastly......when CA's send letters with settlement offers...must they give you 30 days notice? Is it a violation if they do not give you 30 days? Sorry about the length.....have several ideas going thru my head right now and trying to figure which direction to turn.
After I posted this, I continued searching the web for information. I guess I can answer my own question to #2 about requesting information in the validation. I have copied and pasted what I found from another website. "Just because a debt collector says you owe a debt means nothing! Understanding that first and foremost is important. So many people are fearful of the conflict of a debt collector that they simply pay to get rid of them without even verifying if the debt is valid. Under that great little law, The Fair Debt Collections Practices Act are all the guises for debt collectors to follow. One of your many rights is that you have the right to dispute the validity of a debt. This can mean anything from interest being charged, fees and penalties and original balance. If a debt has been sold and re-sold how are you to be sure what is due? You ask! Simple as that. The first time you get a notice from a debt collector or a phone call, advice them that you want the debt validated. You have an absolute right to do so. If you ever looked, you will even see on the actual notice from the collection agency, the following mini Miranda: This is an attempt to collect a debt. Any information will be used for that purpose. If you dispute the validity of this debt you have 30 days to notify us of such. If you do not, we can assume the debt valid. This little quote is telling you that you have an absolute right to question the debt. In doing so you should ask the collection agency to send you copies of the contract, original documents from the original creditor, last payments posted and all fees and penalties added on. Guess what? If they can't then they have failed to verify the debts accuracy and you may not owe the debt or have to deal with it being reported to your credit. If they bought a valid debt they should have valid documentation from the source who sold it. Period!"
Where people get misslead with this is that they think it's saying you only have the right of proof for 30 days. That is not what it is saying.What it says is if you go past 30 days they can assume the debt is valid.This speaks only of what the CA can do after 30 days.It does not address in any way shape or form what the debtor can or can not do after the 30 days.
Thanks, that also answers another question I had as well, if I understood you correctly. CA's give the debtor 30 days to respond. Failure to do so, gives the CA the right to proceed with further collection efforts. We as the debtor can demand proof, ask for records, etc well after the 30 days. Am I correct on this? We would not forfeit any rights by demanding validation well after a 30 days period correct?
Under the FDCPA, we the consumers are not forfeiting our rights by demanding validation after the 30 day timeframe we're given to dispute the validity of the debt when we first receive the collection notice.