I sent two letters to a CA for validation. No response. I just called them today to follow up and they said they only have to validate within the first 30 days the original letter went out. Is this true? Can someone point me in the right direction with the FCRA so I can fax them what validation is? Thanks
You should not have called them. Calling them gave them the chance to feed you this lie. Do not fax them anything.Why give them the rope they need to hang you with? If it's been 30 days since they received your VAL. letter send them the 15 day estoppel letter!
I've sent the estoppel letter. They've ignored all my correspondence. I don't want to have to file in court. Is that true about validation- where can I find the statue on this? Thank you. What should I do next?
sam, Did you recieve a first letter? can they prove that you recieved the first letter? Yeah I thought so.
Sam, you have them on two violations then, Not letting you know your rights and #2 not validating. Sue em or have them delete it. Honestly I would sue them, you prolly ask, What if this is my debt and the judge asks? You aren't on trial they are. And the answer would be, How do I know if it was my debt? I asked for validation and they refused.
This collection agency just called me and said again that they sent a letter out and I should have responded within the 30 days and that they are NOT obligated to validate anything. Can anyone direct me to the statue or any reading on this? thanks
This collection agency just called me and said again that they sent a letter out and I should have responded within the 30 days and that they are NOT obligated to validate anything. Can anyone direct me to the statue or any reading on this? thanks sam1014 ============================ Why are you talking to them when I just advised you not to do that? The are just using the phone in an effort to confuse you by handing you a line of BS. Looks like it's working too as it seems that you'd rather listen to a lying CA than follow the advice that you've been given here!
Send them a copy of the lawsuit you will file listing all of their violations and ask for a certian amount. Either order a deletion or payment before the date you are going to file it. DO NOT TALK TO THEM ON THE PHONE, it does nothing for your case and only gives them the chance to aggravate and harass you. Do you want to know what really annoys them?? SEND THEM A COPY OF THE LAWSUIT, demand all further correspondence be in writing before the expiration of the day you are going to file your lawsuit. They will respond!! If they do not abide by your letter or give you some other BS about them not needing to validate and that, file the lawsuit and let the judge decide what they are entitled to do. Good Luck and stay off the phone! Tac
I would like to point out three things about this statement. 1*good advice 2*Good Advice 3*GOOD ADVICE
Dear Sam, You already have these people on about 5 violations that I can think of right off the top of my head. Here is the section of law that you need. § 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. You have the right to demand validation ANY TIME YOU WANT whether they actually sent you your first notice or not, doesn't matter. Please do yourself a favor. Print out the FDCPA at: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#814 Take your highlighter, sit down this weekend and STUDY EVERY SINGLE WORD. You'll be so glad you did.
This does not mention anywhere that the CA has to validate after 30 days. The way I read it is that I have 30 days in which to request validation. Where does it say in here that I can ask for validation at anytime? § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. (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.
No, it doesn't say that anywhere either. I'm so confused with this. So basically, I can request validation at anytime then?
(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. This should answer your question. Just because a consumer does not respond to a CA's first, second third, whatever the amount letters, does not mean the consumer waives their rights, nor does it mean the debt automatically becomes theirs by default.
Oh, one other question. In this same thread I had a CA tell me that they DO NOT have to validate after the first thirty days the letter was sent out. What can I say to that? Really, it does not say that they HAVE to validate.
Sam re-visit this question. Answer it carefully, and repeat it over and over. ----------- In court: Them: Your honor Sam had to validate within the first 30 days when we sent the first notice. You:Your honor, I received NO SUCH notice. EVER You again:IN FACT The first time I saw this debt was when I pulled my credit report...All I was EVER asking them, which I believe I am legally entitled to, was to prove that I OWE THEM this debt...they FAILED to respond to repeated requests to do so...I gave them every opportunity to, and the simply ignored my requests and continued to collect on the debt...I feel that the FDCPA was created to protect consumers of EXACTLY this type of injustice. Was it not? Judge: SLAM SORRY SEE YOU Mr. CA...I find for the Plaintiff. --------------------- You see, by sending in the validations, then the estopple etc...you have a trail of evidence where you gave them the chance to comply with the FDCPA, and they did not. You do NOT lose any rights by not sending in the validation in the first 30 days...they still HAVE to prove you legitimately owe the debt they claim you owe. Hope that helps. -Peace, Dave
