Butch- I read the following from your post and have a question. Is the following statement a violation of FDCPA? "Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid." I am not a legal scholar (obviously), but I cannot see a problem with saying that if we do not hear from you, we are going to continue to pursue this debt. The reason why I ask is because I have seen this on a notice that my wife has received. Also, how do ya'll put color in these posts so that they are easier to read? Thanks in advance! ________________________________________________ § 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. (Butch)-Notice then, that Congress, while constructing this statute, passed on the opportunity to save the CA from the Estoppel Doctrine. By default that means it most certainly does apply to them. If they intended to [also] exclude the CA's they would have done so right then and there. (Butch)-FDCPA is a consumer Protection law. It's their to protect YOU, not them. (Butch)-But ask yourself, what better way to collect money than to insist that this right is no longer yours? Furthermore, I love it when they actually put that in writing because it's a violation of [15 USC 1962e]. _________________________________________________
Hi Bud, You're right. The statement you posted is fine. They used to say "Unless you notify this office in writing that you dispute this debt". But no writing is required, so they all dropped it. They have, for the most, now pretty well settled on an industry wide statement which is used by most all of em. That is the one you posted. (In fact there's a movement to standardize the language of these letters). HTH. : )
Thanks for the reply so soon Butch. All the material that you and the other well informed here is priceless. I will post helpful information as my journey progresses.
