UPDATE!! i sent the validation request, but never got a response. i did, however, get my usual monthly bill. what do you think? are they in violation for continuing to try to collect or what?
Here's the question, did you send a dispute letter to the CRA to see if they are reporting the account as "in dispute"? Secondly, is the monthly bill dated after the date on the green card from your validation letter? If the answer is no on either, it could be considered violations from 1) innacurate reporting i.e. not noting the account in dispute and 2) continuing collection activities while in dispute. This is a good thing!!!
hey tiger! this is not being reported on my CR. it's just that i had recieved the notice from the CA and made arrangements to pay monthly. this was before i found this site, so i did not know to negotiate to ensure that they did not report it. i don't want to pay it all off and THEN it pops up on my credit as a "paid collection". my last couple of payments had not been accepted (due to their wack online billpay feature) and i sent them a validation saying "you haven't been taking my payments, is this even mine?". they have not ever responded to that letter. i know that normally, they would be in violation for sending the bill after getting the validation request (yes, it was after i got my green card back), but i was already paying them. so i am not sure what to do.
You options are pretty simple - suspend your payments until they have validated, or keep paying them.
yes, but is it still a violation for them to have sent the bill. if so, should i send them something saying that they are in violation?
IMHO - not just yet, let them continue to violate the law. The FDCPA lays it out: § 809. Validation of debts [15 USC 1692g] (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. It doesn't matter if it has not been reported yet, they have to stop until they validate.
Umm, did you not understand the reply? They are in violation for not ceasing collection until they have validated.
oops, didn't see your reply for some reason. i think you misunderstood part of my question (or maybe i wasn't clear)...i understand that in the usual situation once i request validation, they should stop all collection activities. does the law still apply to me because i was already paying the bill? if so, how long should i let them continue to bill me before i say ,"aha! you are in violation!".
They have to stop collecting until they validate. There is no timeframe for them to validate (an issue that has been discussed before elsewhere on this board), Sending them payments does not release them from their obligation to validate. Much in the same way that a paid collection, by way of the FCRA, is required to be validated. It doesn't matter if you've paid nothing, $1, or the whole darn thing, if you request a validation the CA must try to secure it, stop collecting, and failing to do either they face possible sanctions for their violations. The key here is that once they have received your notice requiring validation they must cease collection activities IMMEDIATELY!!! Keep on them for the validation, send the estoppel letter if you haven't yet, and stop paying them until they provide the proof. Take the Murphey's Law approach to the worst case scenario. If they do validate, you have already planned on paying them anyway, and if they don't that's more beer money for you ;-)
1*does the law still apply to me because i was already paying the bill? 2*how long should i let them continue to bill me before i say ,"aha! you are in violation!". dstdiva 1*Y E S 2*30 Days after they signed the green card send the estoppel. Meanwhile let them rack up all the violations they want. In fact the more the merrier. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Keep on them for the validation, send the estoppel letter if you haven't yet, tiger00 ========== One change here don't send them the estoppel yet if it hasn't been 30 days since they signed the green card for the validation. Give them enough time to screw up with more violations. THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
just realized that i never updated you guys like i promised. NAM never contacted me again. that was last year. i guess the debt was sold to conserve, since they have just started contacting me. i have sent validation and they called, so i had to send a "stop calling" letter (i thought i had put that in my val. letter, but somehow i hadn't). so, i guess i'm starting over.
