I sent a deb validation letter to NES on 2/9/2008 certified mail. They never responded. I just now got a call from Zwicker and Associates on the same debt, but no letter has ever been sent by them. I am going to send them a validation request letter if i ever get anything from them in the mail. Question: If NES, the first debt collector, never responded to the validation request letter, then does Zwicker and Associates have a legal right to try and collect on the same debt? I thought if i never recieved a validation letter, then the debt was canceled. What is my next step after a validation letter is never recieved from a debt collector on a debt?
You know I had this same scenario with both of them. NES was sent off a DV never responded and never heard anything for a year or so then Zwicker came on the scene, sent them a DV with ALSO they SHOULD KNOW THAT NES was sent a DV and never responded and this is continued collection activity. Never heard anything back from them and then the debt was sent off to to another and then I counte rsued and got bucks from the JDB CA... Woofer
So you sued the 2nd one for continued collection activity without validation because the 1st one didn't respond? I don't know if that would stand up in trial, but I like it.
No I sued the THIRD one, who never dv'd . I sent htem a 93A letter and we settled on an amount which was MORE than I had been sued for and also BTW they never got a penny on it! : ) HOWEVER I do know that when a JDB and CA is passes off a debt, and then new JDB is sending you letters and you write to them that yo had already sent off a dv to the first JDB and they should know that this debt was not validated, IME they sell it off and or you never hear from them again. Now this might not be true in all case, it just happened with my cases. If you think of it though it is CONTINUED COLLECTION ACTIVITY, as far as I am concerned and I think a good consumer lawyer can get a violation on such. Woofer
They don't know if you requested validation from a previous owner or not. Most of these debts are sold with no documentation. If the CA can't validate, they must cease collection activity. That doesn't mean that they can't sell it to another company who can attempt to collect until you dv them and they can't validate. Rinse and repeat.
YES, TRUE, Just saying that for me it has worked when I tell them I had already dv'd the previous and they did not validate...Guess they feel that I am a troublemaker and they get rid of me...Or put me at the bottom of the pile , and move onto an easier target. Woofer
Big question here . . . was the request for validation timely; i.e., was it sent within 30 days from the initial communication?
NOt sure if you are asking me or not, but my validations are a always timely as this is something I learned a long time ago get teh dv to them ASAP.. : ) Woofer
No woofer, I was asking the OP. I know you are astute enough to DV timely to invoke your rights. However, if the OP didn't, then this whole thread is moot.
