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mini maranda


lefty
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http://www.creditinfocenter.com/legal/FDCPA.shtml#807

807 (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

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<blockquote>Originally posted by lefty

what is it.where can i find it. i have a ca who posted to my TU and never notified me

</blockquote>

The regulation regarding the mini miranda states that it must be included on their first communication to you. If they haven't contacted you, then it wouldn't apply.

I'm not sure that there is anything that says they *have* to notify you that they've reported you to the credit bureau. It only says that they have to advise you of your rights before they begin trying to collect.

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http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

I. "Is it permissible under the FDCPA for a debt collector to report charged-off debts to a consumer reporting agency during the term of the 30-day validation period detailed in Section 1692g?" Yes. As stated in the Commission's Staff Commentary on the FDCPA (copy enclosed), a debt collector may accurately report a debt to a consumer reporting agency within the thirty day validation period (p. 50103). We do not regard the action of reporting a debt to a consumer reporting agency as inconsistent with the consumer's dispute or verification rights under § 1692g.

http://www.ftc.gov/os/statutes/fdcpa/commentary.htm#809

Section 809(B) requires that, if the consumer disputes the debt or requests identification of the original creditor in writing, the collector must cease collection efforts until he verifies the debt and mails a response. Section 809© states that a consumer's failure to dispute the validity of a debt under this section may not be interpreted by a court as an admission of liability.

1. Pre-notice collection. A debt collector need not cease normal collection activities within the consumer's 30-day period to give notice of a dispute until he receives a notice from the consumer. An attorney debt collector may take legal action within 30 days of sending the notice, regardless of whether the consumer disputes the debt. If the consumer disputes the debt, the attorney may still take legal action but must cease collection efforts until verification is obtained and mailed to the consumer.

A debt collector may report a debt to a credit bureau within the 30-day notice period, before he receives a request for validation or a dispute notice from the consumer.

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Hey,

Do you guys think it would be successful to claim that they have to remove a neg TL because you never recieved you MiniMarandas??

...i.e, "hey, who are you guys. I saw you on my credit report,you are in voilation of FDCPA, you never sent me mini_marandas. Get that neg TL off and validate this debt first"????????

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<blockquote>Originally posted by ADSOFT

Hey,

Do you guys think it would be successful to claim that they have to remove a neg TL because you never recieved you MiniMarandas??

...i.e, "hey, who are you guys. I saw you on my credit report,you are in voilation of FDCPA, you never sent me mini_marandas. Get that neg TL off and validate this debt first"????????</blockquote>

I don't think so. As the post above yours says. They can report within the 30 day period. And, if they've never contacted you, they haven't violated the FDCPA, have they? Does it say they can't report before they contact you? I think it only says the minimiranda must be included on the first communication.

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BrassFan,

"I don't think so. As the post above yours says. They can report within the 30 day period. And, if they've never contacted you, they haven't violated the FDCPA, have they? Does it say they can't report before they contact you? I think it only says the minimiranda must be included on the first communication. "

I believe you are right on the money here. I think there is a FTC opinion letter on the board which states, they can post on CRA during the 30days..

... Thanks for clearing that up.

I'm finally starting to contact these CA's, It's scary!!!!

These guys are ignorant nightmares!!!!!

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<blockquote>Originally posted by ADSOFT

I'm finally starting to contact these CA's, It's scary!!!!

These guys are ignorant nightmares!!!!!

</blockquote>

And the OC's are no Einsteins, either. I had a guy at Chase tell me today that even though they sold my account to a CA, and I did pay the CA, Chase could never report a $0 balance or update the tradeline (which currently just says "Collection") with a CRA. When I told him that the account was correctly reported to the other two CRAs he said "I don't know how that happened because once it is sold we can never report anything but the original unpaid balance." Grrrr... :mad:

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