I sent a validation to ARS Collection Agency in regards to a charged off account with CapOne. I received their letter on Jan. 21 and sent them validation on Feb. 1 which they received and signed for on Feb. 5. I heard nothing from them so I sent estoppel on March 8 which they received and signed for on March 12. When I got home and got the mail yesterday there was a letter from their Big Bad General Counsel in Escondido, CA. March 18 My Name Address City, State, Zip RE: Your letter dated March 8 (the estoppel) Dear MsJ: Thank you for your letter dated March 8. Your request for validation was forwarded to our client on or about Feb 5. Requests for validation generally take between 45-65 days. As soon as our client provides us with documentation I will have it forwarded to you. In the meantime, I draw your attention to 15USC 1692(g)(b) which states, "If the consumer notifies the debt collector in writing within the thirty-day period..." The thirty-day period for your account started around the middle of November 2001. We did not receive your letter until Feb 5. Clearly, your dispute is outside the validation period. However, ARS is a customer service driven organization, and being such, we have requested documentation regarding your account even when not required to do so by the FDCPA. I ask that you be patient with us. Thank you again for your patience in this matter. Please let me know if you need anything further. Sincerely, Jack Ass #1 Prove to me that you sent me a letter back in November because I do not recall receiving such letter. #2 The letter that I did receive I shot off validation within that letters 30 day period. #3 What about the part in the FDCPA that states "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". Can they prove they sent me a collection letter back in November 2001? I don't think so. Where is the CRRR green card that I signed. I HATE them. ALL of them. Another thing - The letter that I received from them and the letters that I have sent them are the Phoenix, AZ. office and the letter from Jack Ass is from the California office.
Here's what I would do, but I'm a vendictive biatch. Send a thank you for your response, include in it that you sent a validation letter within the 30 days of YOU receiving the first letter, put not when your computer CLAIMS to have sent the first letter. Deny ever receiving anything from them prior to the first letter, like you did above (I'm not saying you're lying). Then throw the FDCPA in their face quoting the "not requesting validation in the first 30 days...." (what you have above). Maybe even ask why the first validation letter was ignored, remind them that a printout is not enough (attach Wollman letter) Then give a specific date, say something like I look forward to hearing you by (45 days from date of THEIR letter). Again just something I would do. I have a hard time holding an ounce of anger back when it comes to these people.
Why doesnâ??t bozo quote the rest of the FDCPA section he is so clever to quote...hmmm something about 5 after initial communication they have to inform you of your rights. Ask the scumbag for the original letter. I doubt they have it. If he does compare it against the criteria which made this letter invalid. http://www.tourolaw.edu/2ndCircuit/january96/95-70070.html Also I have seen here a retort letter to this kind of response. One good thing is you got the bee hive stirred real good. It's the complacent ones which are hard to deal with.
