Oral DV?

Discussion in 'Credit Talk' started by bjm1289, Aug 1, 2006.

  1. bjm1289

    bjm1289 Active Member

    I noticed a letter that I overlooked from a CA that was mailed to me on July 3rd, I obviously have 30 days to dispute the validity of the debt and that is tomorrow! Would calling the CA suffice in this case? or does it have to be a letter?
     
  2. ArmondoNLA

    ArmondoNLA Well-Known Member

    Letter good for proof, phone bad, cause they can say they never talked to ya, and you never disputed at all.

    The letter is good too, cause you have proof for yerself in case they try to make you prove you did dispute.

    If it were me, I'd bluff em, and send the letter anyway ;)
     
  3. ontrack

    ontrack Well-Known Member

    It is not bluff. 30 days from when you received it, not from when they sent it. You couldn't have received it on the day they mailed it, and it might have taken typically 5 days.
    http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

    "(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; "

    Send it CRRR, so you can prove when you sent it, and when they received it.

    If they want to quibble in court over a day or two that they can't prove anyway, they probably won't make a judge happy for wasting his time over the plain meaning of a consumer protection law.
     
  4. ArmondoNLA

    ArmondoNLA Well-Known Member

    Brain bad..haha.

    Thanks Ontrack! - I forgot it was 30 days from when you receive it :)
     

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