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Sueing for faluire to provide info

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Article 809 of the FDCPA states that a CA shall send consumer a written notice concerning validity of the debt & that the CA has 30 days to obtain verification. I received a letter just over 2 weeks ago and it provides none of this information concerning verification. Is this letter enough to take them to court. These guys are real dirt bags.

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<blockquote>Originally posted by danclark99

Article 809 of the FDCPA states that a CA shall send consumer a written notice concerning validity of the debt & that the CA has 30 days to obtain verification. I received a letter just over 2 weeks ago and it provides none of this information concerning verification. Is this letter enough to take them to court. These guys are real dirt bags.

</blockquote>

No it doesn't state that the CA has 30 days, it states that if the consumer sends a written request within 30 days the CA must cease collection efforts until verification has been provided.

It also states that unless the information is provided in the initial communication, they must send you a written notice within 5 days.

We need more info on this. Was this the first letter you got? Have you talked to them on the phone? Have you sent a letter asking for validation etc...? No way of answering your question whether the letter is enough to take them to court. Post the letter and we'll check it out for you.

[Edit by Swede on Thursday, January 9, 2003 @ 02:53 PM]

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I was called and letter was mailed next day. All the letter says is that they are a CA (Monterey Collections), who and how much the debt is. Then it states that " We regret that you choose to handle your account in this manner. It has been our policy to attempt to resolve these matters amicably whenever possible. To date we have not been informed of any valid reason for your failure to honor your obligation.

Your communication with our office is imperative for us to reach a reasonable solution. Contact this office within (48) hours of receipt of this letter to resolve this account." Then at the bottom of the letter it states sthat "This is an attempt to collect a debt. Any information obtained will be used for that purpose. That is it. No info about validation! Maybe they were in a rush, maybe this is their SOP. I did send a letter for them to validate the debt this week. No response yet. If I knew I would post the actual letter for you. THanks

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