My computer crashed, so I am at the library working under a 30 minute time limit. I have tried searching two different ways, but cannot find this and I am running out of time. Could someone please help me?? Here is the situation: I received a response from a ca that they deleted an account after I sent my intent to sue to the BBB. This info is in the letter they sent: "CA sent a first collection letter with a 30-day validation statement to you on 4-14-00. At no time during the 30-day dispute period did you submit a written dispute to us. It was not until Dec. 2001 after the 30 day validation period, that CA received your first written dispute." Can someone confirm for me that I am correct in my understanding that the 30 day dispute is initiated by me, at any time, not by the CA when they send the first letter? If I am correct, could someone please give me the legal info to send back to the BBB in my response? I want to let them know that they are spewing garbage, if I am correct! Thanks a bunch!!!
You never recieved the letter the ca is referring to. The first time you were made aware of this account was when you viewed your credit report. In that case you set the validation time frame because unless they sent the first collection letter CRRR which I am sure they didn't they can't prove you ever got any letter from them at all. Hope this helps.
This is the way I read it, and yes, this is my interpretation, but.... If the CA can't prove that they sent you the initial 30-day letter, then a) they are in potential violation of the FDCPA and b) since they have no proof, the 30 day time limit starts when you first discover the collection. They cannot prove otherwise that the date the letter is postmarked is the date you discovered the collection. So, if they can't prove they sent the letter, the 30 day period can be initiated by you when you request validation for the first time.
So I am only partially correct, because the 30 day validation time period really does only exist during the first 30 days after you receive their letter?
§ 809. Validation of debts [15 USC 1692g] (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. Christi said once, I pay $4.58 (or whatever going rate was at the time) to prove I mailed my letters, the CA's and OC's can do the same. Lots of people only become first aware of a debt from reviewing their credit reports. Just because the FDCPA says "shall" doesn't mean they do. Sassy
Sorry, forgot the rest. It is my reading and understanding that the ability to dispute and request validation doesn't end with an initial 30 day time limit. 30-days from when -- from some date that the CA makes up? The initial 30-day timeframe only allows the CA to proceed with collection activity as if the debt were valid (assumed to be valid that is) if no dispute is received within that timeframe. You don't lose your right to dispute and request validation. The difference is, if you do dispute the debt within the 30 days, then the CA can't continue collection activity until the validation is provided. Sassy
Thank you. I sent this to the BBB, so I need to respond to the letter. I need to make sure I am correct!
