I was sent a collection letter from an attorney; I then requested validation. His basic response was, "Tough luck, we sent you a letter over 1 year ago, you only had 30 days to request validation." I have no idea if I got a letter or not, I certainly haven't heard from them since then, other than 2 weeks ago. Is he right? Thanks.
He's an attorney. Of course he is wrong. The only obligation associated with 30 days is that if you did not submit it from the original notice, is that he can continue collection. If you never received anything, it would be up to him to prove that he actually sent you something at a valid address. If you are on the phone. DON'T. Write a letter demanding validation CRRR. Look around, there are a number of examples on the forum. If he refuses, I'd send a total C&D. Let him sue and explain why he refuses to send validation to a judge. That should get him really far.
Did you request validation in writing, and did he send a letter saying he didn't have to, or did he call in response to your request, and say it verbally?
Get em Ontrack. I've been waiting for a case like this one. Atty. clearly violated. And OP has it in writing. He "misrepresented the charcter of the debt". From "Rebuttable Presumption" to "UNRebuttable Presumption".
Thanks guys. I requested the validation in writing, certified mail, return receipt. I requested: 1) Proof that he is authorized to collect the debt. 2) A copy of the agreement that bears my signature. 3) I want to know whether the alleged debt was bought or assigned. His response (in writing) "I assume from the references you made in your letter to certain of your rights under the federal Fair Debt Collection Practices Act ("Act"), 15 U.S.C. 1692, et seq., you are aware that a request for verification information has to be made within thirty (30) days of the date of the 1692g(b) letter. With regard to your situation, the 1692g(b) letter was sent to you on July 30, 2003. The request for verification information was, therefore, due on or before and expired after August 29, 2003. Your request dated September 1, 2004, was untimely by in excess of one (1) year. Moreover, much of what you requested in your September 1, 2004, letter well exceeds what is required to be provided under the Act, assuming that the request therefor was made in a timely fashion. Be all that as it may, inasmuch as your letter was "not a refusal to pay", if you wish to discuss this matter to avoid litigation or further collection action, please contact (lawyer's funky's name) of this office within seven (7) days of reciept of this letter." --- I wish I had waited to talk to you guys some more. But I sent another letter today saying that his interpretation of the law was incorrect and that if I heard from him again prior to ther verification of the debt, I would file suit in state and/or federal court.
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Why don't you send a query to your state AG, and/or to the FTC on whether he has to send you validation of the debt when you request it. Note that you have some questions about this bill, whether it is your debt, or whether the amount is correct (whatever the case is), and include a copy of his letter containing his refusal to send it, note that you received no such letter as he claims to have sent a year ago, and ask if his representation of the law is correct under FDCPA and state law. They might want to let you know that his representation is a FDCPA violation for misrepresenting your legal rights. It is too easy for a collector to just say they don't have to provide validation and there is nothing you can do except pay whatever they say, as a pressure tactic, and a number of them seem to be taking this position. This effectively nullifies the protections in the law, if not challenged. This is an issue for those responsible for regulatory oversight of the industry.
