sheepy Posted October 4, 2004 Report Share Posted October 4, 2004 I got this letter today from a CA. I'm assuming this is from a dispute through the CRA because I did not send a validation letter to them. NOTICE-Statutory dispute period expired 30 days after you received our first letter. Therefore, we are permitted under Federal law to assume that this debt is valid.It has been our experience that much of the debt assigned for professional collection is resolved before it reaches this stage in the collection process. This matter, however, has not yet been resolved.This matter should be addressed. If left unresolved, our collection efforts may continue. If our client wishes for us to do so, we will have theis claim referred to our Credit Management Services office responsible for your region for attention by their staff of professional collectors.Send correspondence, other than payments to this collection aggency at...Please make continued collection efforts unnecessary by resolving this matter. Send payment to-- ....So what do I do now? Link to comment Share on other sites More sharing options...
Kristin36 Posted October 5, 2004 Report Share Posted October 5, 2004 NOTICE-Statutory dispute period expired 30 days after you received our first letter. Therefore, we are permitted under Federal law to assume that this debt is valid. QUOTE FROM WILLINGTOCOPE:the "30 day" rule doesn't say "you have to request validation in 30 days, or you give up your right to dispute"...it says "if you don't dispute within 30 days, we can assume its correct and continue our collection activity". Big difference. You can still dispute CMRRR and make them validate...and when they can't, send them an ITS.Now, someone with more experience than me will come along, but I'm thinking this letter has GOT to be a violation of some kind. Link to comment Share on other sites More sharing options...
DocPC Posted October 5, 2004 Report Share Posted October 5, 2004 It's a clean letter....I see no violations there. Link to comment Share on other sites More sharing options...
sheepy Posted October 5, 2004 Author Report Share Posted October 5, 2004 Should I send a debt validation letter? Link to comment Share on other sites More sharing options...
Kristin36 Posted October 5, 2004 Report Share Posted October 5, 2004 darn. the 30 day thing though, they were untruthful about that though, right Doc? Link to comment Share on other sites More sharing options...
breathing_easier Posted October 5, 2004 Report Share Posted October 5, 2004 darn. the 30 day thing though, they were untruthful about that though, right Doc?They also go the 30-day thing right. The FDCPA does say that they can assume the debt is valid. Doesn't mean that they don't have to respond to your request for validation, however. Link to comment Share on other sites More sharing options...
breathing_easier Posted October 5, 2004 Report Share Posted October 5, 2004 Should I send a debt validation letter?I think the CA was simply sending out their standard form letter after the 30-day period expired. Yes, you should DV them immediately. Link to comment Share on other sites More sharing options...
Guest Posted October 5, 2004 Report Share Posted October 5, 2004 I got this letter today from a CA. I'm assuming this is from a dispute through the CRA because I did not send a validation letter to them. NOTICE-Statutory dispute period expired 30 days after you received our first letter. Therefore, we are permitted under Federal law to assume that this debt is valid.It has been our experience that much of the debt assigned for professional collection is resolved before it reaches this stage in the collection process. This matter, however, has not yet been resolved.This matter should be addressed. If left unresolved, our collection efforts may continue. If our client wishes for us to do so, we will have theis claim referred to our Credit Management Services office responsible for your region for attention by their staff of professional collectors.Send correspondence, other than payments to this collection aggency at...Please make continued collection efforts unnecessary by resolving this matter. Send payment to-- ....So what do I do now?Send them the following letter Dear Assmunch Collection Agency, Since this is the first contact that I am aware of from your company I will state the following about your letter sent to me dated: XX XXXX XXX You state that the 30 day statutory period has expired and that you assume my debt is valid. I am sure you have heard the old saying, "When you assume you make an a$$ of U and ME.The FDCPA clearly states that you many only ASSUME the debt is valid it does NOT, however, relieve you of your responsibility to validate this debt as due and owing.As of the date of this letter, October , 2004 I am demanding validation of this debt as is my right under the FDCPA section 809.I respectfully request in writing that you provide all of the following:What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent ((Insert the rest of the DV letter found under Sample Letters))I would love to see their face when they got this letter.GOOD LUCK Link to comment Share on other sites More sharing options...
sheepy Posted October 5, 2004 Author Report Share Posted October 5, 2004 Ok, I have another question.I read one of the stickys about having to be licensed in your state. I'm in IN and I am assuming that the CA is in CA because that is where it says to send any correspondence to other than payments. On the back of the letter who the collection agency is licensed with in Wisconsin, Tennessee, Colorado and Minnesota. How do I see if they are licensed in IN? I do know that in IN that a CA has to be licensed and bonded. Or, do I need to worry about this now or wait for debt validation?Sorry for all the questions but I'm trying to learn as much as possible because I have some others to take care of, wanting to buy a new house in a couple of years. Link to comment Share on other sites More sharing options...
Kristin36 Posted October 5, 2004 Report Share Posted October 5, 2004 go here, enter the name of the CA. This will tell you all about them for Indiana. I also live in Indiana.https://secure.in.gov/sos/bus_service/online_corps/default.asp Link to comment Share on other sites More sharing options...
Guest Posted October 5, 2004 Report Share Posted October 5, 2004 I live in Indiana alsoIndiana has licensing of IN STATE collectors.An out of state collector does not have to be licensed if they only sent mail, or call you. They cannot legally sue you in the state of Indiana until they get a license and post a bond.There ya go!~ Link to comment Share on other sites More sharing options...
breathing_easier Posted October 5, 2004 Report Share Posted October 5, 2004 So what do I do now?Also be sure to read everything under the Debt Validation link at the top of this page. Link to comment Share on other sites More sharing options...
Recommended Posts