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Very Confusing - An Update on my Debt Validation Case


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A few weeks ago, I posted a query about an item on my TU report. It was an unpaid collection account for an old chiropractor bill that I remember disputing with the OC in 1998. I sent a letter to TU saying "not mine." A few days later, I got a letter from an attorney (apparently representing the collection agency) saying, essentially "pay up within 10 days or face further collection activities." I did not recall hearing from this CA or attorney previously, so I sent the attorney a debt validation letter. I also challenged the fact they had not corresponded with me earlier, giving me 30 days to challenge their claim.

I just got back from a few days out of town and received two items in the mail. The first letter was from TU, saying the item had been deleted. That made me happy.

The second letter was from the attorney. And it made me very confused. The subject line noted "balance due - $158" and the letter said four things:

1) I had been notified of the debt years ago and did not contest it then, so I gave up my right then to seek validation.

2) I made partial payment on the debt in 1999, which legally means the debt is mine and valid.

3) Since I did not challenge the debt years ago, they are not under any legal obligation to provide the info I requested in the DV letter, but as a courtesy they would tell me the name and address of the OC.

All that made me think they were preparing to nail me. But then there is the final sentence: "Per your instructions, this office will cease all collection activities on the above-referenced account."

Does that mean I won and they failed to validate? Or does it mean I am in store for another battle?

As always, thanks for your help.

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<blockquote>Originally posted by kideternity

Does that mean I won and they failed to validate? Or does it mean I am in store for another battle?

</blockquote>

Congratulations- just leave it alone now you don't need to do anything since it's been removed.

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§ 809. Validation of debts [15 USC 1692g]

(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.

I've been wondering something about this. Section 809 plainly states that you have a right to request validation of the debt within the 30 days after the first communication.

Where do we get the right to request validation outside of that 30 day window? I realize that they have no proof that they sent us that commuication, but I'm wondering if there is anything that specifies a right to request validation after 30 days.

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<blockquote>Originally posted by BrassFan

I've been wondering something about this. Section 809 plainly states that you have a right to request validation of the debt within the 30 days after the first communication.

Where do we get the right to request validation outside of that 30 day window? I realize that they have no proof that they sent us that commuication, but I'm wondering if there is anything that specifies a right to request validation after 30 days.

</blockquote>

If you're outside the 30 days, they don't have to respond to your request ever, but they can't respond to the CRA dispute without a notice of the dispute and you can take them to court, or threaten to, to make them produce evidence of the debt which is the leverage that we use.

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