I sent out my first round of validation requests on Monday, 2/24/03 (they were both faxed and mailed). Today I received a letter from one of the CA's on my credit report. Of course it wasn't any validation information, it was a settlement offer. I have a couple of questions about this. One, is a settlement offer considered an attempt to collect a debt? And if so, since I've requested validation, aren't they in violation of the FDCPA for continuing collection attempts without first validating? Also, although an abbreviated version of the "mini-miranda" is included, there is no mention of a 30-day right to validation. Is that required on EVERY communication from a collection agency? If they are in violation on one or both of these counts, would you suggest sending an intent to sue letter (referencing these violations) and proceeding right to small claims; or should I still wait the allotted 30 days for them to validate? I'm positive this letter was in response to my request for validation because I've NEVER gotten anything from this agency before. If it makes a difference the CA is Arrow Financial Svcs, the OC was JC Penney, I live in the state of California, and the DOLA is 2/99. Thanks for your help!
When did they receive and sign for your validation letter? If they sent the settlement letter out after they signed your validation letter then yes that is a violation under the FDCPA. They only need to advise you of the mini miranda in the very first communication to you, not is each and every letter there after. What I think probably happened is they sent the settlement letter out about the a same time they either received or you sent out your letter. If that is the case sit back and wait for them to validate the account, if they continue on after that then they are clearly violating the FDCPA. Another thing to do is during the validation period you can dispute the account with the CRA, if they verify it with the CRA without first sending you validation then that is considered continued collection activity and another violation of the FDCPA. I would suggest disputing this with the CRA now if you haven't already done so. Tac
Thanks Tac. Yes, I have already disputed with the CRA's. I haven't recieved a signed reciept from them yet (they were mailed late Monday, prob. too early), but I do have a fax conf. sheet.
That will show you did send it to them but under the FDCPA you must send it to their address if I'm not mistaken, Your doing alright though with the CRA dispute, they are bound to break the law there! Tac
From what I just re-read on the FDCPA, the only time it mentions "mailing" specifically is when the CA must MAIL validation to the consumer. It says the consumer must ask for validation "in writing". I'm probably picking the law apart too much though. Its no skin off my back to sit back and wait 30 days anyway... gives them more time to screw up, and more violations I can add up! Whoo hoo! Thanks again Tac!!! You guys were are all so nice to us newbies!
