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still confused about something...

Discussion in 'Credit Talk' started by crowmom, Mar 30, 2004.

  1. Mar 30, 2004 #1
    crowmom

    crowmom Well-Known Member

    i've read the debates, and I still cannot figure out what consensus (if any) you all have come to regarding continued collection activity when you've requested validation AFTER the 30 day 'validation period'.

    if i receive a letter from a CA and I don't respond within 30 days, BUT I do request validation months or even years later, CAN THEY CONTINUE COLLECTION ACTIVITY WITHOUT VALIDATING?

    I know they don't have to respond to me, but can they keep calling/writing trying to collect?

    thanks.
     
  3. Mar 30, 2004 #2
    jam237

    jam237 Well-Known Member

    The only thing that happens on the 31st day is that they can ASSUME that the debt is valid. It says nothing about any other effect that happens on the 31st day.

    This is what the unsophisticated consumer (the standard used for the FDCPA) would presume.

    There is only one ruling which says otherwise, and that was the 9th circuit court of appeals.

    And frankly, since we have to prove that the CA RECEIVED the validation letter; they should likewise have to prove not only that they allegedly mailed a letter -- which they always try to claim that our system says that we did - so we must have (hmmm, like since it is their own system they couldn't alter what their system says) -- but that the consumer actually received the notice.
     
  4. Mar 30, 2004 #3
    hiding90

    hiding90 Banned

    -YES, they can continue "collection activity", BUT, if that includes reporting the debt to a credit reporting agency, they MUST report the debt as "disputed" if you notified them as such (ie validation letter).FDCPA 807 (8) http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807

    "(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed."

    -"Comminicating" covers reporting and "any person" can mean the reporting agency
     
  5. Mar 30, 2004 #4
    hiding90

    hiding90 Banned

    -Actually the collection agency ONLY has to prove the letter was MAILED. RECIEPT by the consumer is not the standard.

    -And after the 30th day, the collection agency DOES NOT HAVE TO CEASE COLLECTION ACTIVITY nor even repspond. They do however, have to report the debt as "disputed" if they report after the receipt of the validation notice.

    -The acts are designed to PROTECT the least sophisticated consumer, NOT TO BE INTERPRETED BY the least sophisticated consumer.

    -What is the case cite for the 9th circuit you referred to?
     

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