now in restudying the FDCA I am confused on their responsibility: 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 -- does this mean after I have paid them (all mine are years ago) that they dont have to supply this data??? even though c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer Everything I have read states within the first 30 days?? These are four years old.... So confused now...can someone explain what I am missing (sorry it has been a long day already and I am tired but trying to find the clauses for my pending lawsuit)
Also one more of a technicality: Date of service at hospital was 2/7/98 They recieved payment from my insurance 10/5/98??? Must be why I was fighting...left $50 "Insurance Cash Total"" Transfer to Bad Debt 2/14/99 CA bout debt 1/19/00 The collection date states reported 10/99/ last reported 1/2000 When exactly does the 7 year mark start???
Jen, § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c] (4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. (5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. (c) Running of reporting period. (1) In general. The 7-year period referred to in paragraphs (4) and (6) ** of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] a) Duty of furnishers of information to provide accurate information. 5) Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. Jen, If the tradeline is paid the CA doesn't have to provide the mini-miranda and information as detailed in the FDCPA, they do however have to abide by the duties and accuracy requirements for information furnishers detailed in the FCRA. BTW, just because the FDCPA says the CA "shall" doesn't mean they necessarily do -- make them prove they ever sent you an initial notice stating the mini-miranda warnings. Lots of times the credit report itself is the first and only notice a person gets of an item being reported. You can always dispute the accuracy, there are no time limits and no limits to the amount of disputes you can initiate. 10/05/98 insurance payment 11/05/98 30 days 12/05/98 60 days 01/05/99 90 days 02/14/99 transfer to bad debt = charge-off/write-off 01/19/00 CA purchases debt (no one cares, LOL) 7-year clock begins the month/year immediately preceding the commencement of the delinquency (charge-off) = 01/14/99. 10/99 = the month/year the tradeline was first reported to the CRA. FTC Opinion letter, Amason: http://www.ftc.gov/os/statutes/fcra/amason.htm Sassy
Jen, I told you wrong, sorry for the late night brain fart, here's the correction, I forgot all about the 180 days: 10/05/98 insurance payment 11/05/98 30 days 12/05/98 60 days 01/05/99 90 days 02/14/99 transfer to bad debt = charge-off/write-off 01/19/00 CA purchases debt (no one cares, LOL) 7-year clock begins the month/year immediately preceding the commencement of the delinquency, i.e., the first payment missed that leads to the charge-off or similar = 11/05/98 11/98 + 180 days = 05/99 Sassy
I am also concerned why it took the insurance so long to pay up as well. Sure wish my memory was better..... What should be my next step??? Second letter rejecting evidence, send wollman and more on the case in the original letter (brain fart) and give five days to delete or be sued?? See post Yikes call from second letter for more info...i am worried because that case was decided here in the town, in the court system I am about to file in. I am having a hard time coming up with violations now because reading and re-reading has made me confused (also something happened in my life today that makes me question everything about anything I have ever thought true....really shaken) please forgive my lack of understanding Do I really have a violation for not marking in dispute?? How do I make them prove they sent me me the letter in the first place.. I could get away with it because i paid this account in 1/2000 and I had purchased a car in 12/99 and could say I paid it because I pulled my report from that purchase??!!??? Do I have them on any other violations (harassment from Sat 9 am phone call telling me I am mean lol) p.s. not showing on equifax anymore but still on Experian (in my dispute), still on TU {I havnt disputed yet because they wouldnt let me until they finished the first dispute where I faxed them proof and they are taking 30 days }
