I currently have an account that has been charged off. The derog TL has been reported by the OC. However there is a collection attorney contacting me. I have arranged to make small payments to avoid a judgement. Will validating this attorney accomplish anything? Should I go for the OC under FCRA after SOL and not mess with the attorney?
Now, this account that I mentioned in my first post went to collections two years ago. It was being collected by a non-attorney CA. At that time they gave me the mini-miranda. I was not aware of my rights at the time. I made a few payments and quit when $ got tight. About 3 weeks ago I was contacted by the new attorney CA. Do I have another 30 day window to verify this attorney CA even though a mini miranda was provided 2 years ago by another CA? If so, I have not been read or received any mini-miranda. I have a feeling that they will continue to collect the debt. --Delgato
New CA, you can start the game all over again IMHO. Are you saying though, from your first post, that the debt is out of SOL for collection purposes?
I am not sure. When does the clock start ticking for SOL in PA? Another question. If I was never given a mini-miranda when does the 30 day request for validation window begin?
There was no letter. They contacted me by phone and I said I had no $. I then sent a letter proposing a $25 monthly payment for 1 yr and then I discuss settlement. They then sent me a bill for $25. *One thing to note. The account balance on the bill doesn't match the figure in the OC's charged off TL.
Re: Re: OC charge off Well now, isn't that just sweet! § 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. The only concern I have is the fact that you set up a payment plan.
Re: Re: OC charge off I set up the payment plan to avoid the judgement that they were threatining. I was not aware of my rights at the time. I think pursing validation with an emphasis on questioning the balance is my best approach at this point. I would just have to catch them in violation
Re: Re: OC charge off Do I have another 30 day window to verify this attorney CA even though a mini miranda was provided 2 years ago by another CA? If so, I have not been read or received any mini-miranda. I have a feeling that they will continue to collect the debt. delgato =============== The consumer has no 30 day limit. The CA has a 30 say assumption unless you cut it short with a validation letter. You probably have the rite feeling. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: OC charge off 1*I have arranged to make small payments. 2*Will validating this attorney accomplish anything? 3*Should I go for the OCR under FARCE after SOL4* and not mess with the attorney? Delgato =================== 1*Dont pay a UN validated claim. Also this may not avoid a judgment. Validate this. 2*Yes. 3*You have more rights with the CA than you have with the OC. THE END ** *** ** LB 59 """""""""```~~~```'""""""""" http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=49849
