schellmis63 Posted November 5, 2004 Report Share Posted November 5, 2004 I recieved a letter and it does not give me the option to dispute the account within 30 days. Just says pay it or its' going to an attorneybut it does state at the bottom that its from a debt collector Link to comment Share on other sites More sharing options...
c m chase Posted November 5, 2004 Report Share Posted November 5, 2004 Is this the first letter from them? If so...check out the FDCPA rule on this...§ 809. Validation of debts [15 USC 1692g](a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3)a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.( 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. © 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. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 5, 2004 Report Share Posted November 5, 2004 One must assume you received other letters from them. Or they are a schlock outfit. Or it is from the OC, who is not required to give you the FDCPA disclosures Link to comment Share on other sites More sharing options...
schellmis63 Posted November 5, 2004 Author Report Share Posted November 5, 2004 Yes, recieved letters from them almost a year ago/ then recieved letters from their attorney, now recieving letters from the again, They never validated it,, however when requesting validation, they did mark the account as disputed,, now they have come back for more Link to comment Share on other sites More sharing options...
schellmis63 Posted November 5, 2004 Author Report Share Posted November 5, 2004 by the way,, i worked on getting them off of experian, so they did report as disputed, then failed to validate to experian,, I am assumingthese letters are like I never acted on any of their letters before,, FALSE! Link to comment Share on other sites More sharing options...
schellmis63 Posted November 5, 2004 Author Report Share Posted November 5, 2004 this letter is from the OC Link to comment Share on other sites More sharing options...
c m chase Posted November 6, 2004 Report Share Posted November 6, 2004 If the letter is from the OC, they do NOT have to validate. Debt validation and the FDCPA only apply to debt collectors.Are you SURE it's from the original creditor?? You said the bottom of the letter said it was from a debt collector. What company is it from?You owe the OC money...they can contact you all they want as long as it's not harrassment (phone ringing every few minutes).Don't send them a typical DV and don't send them a cease & desist...they may sue you. I'm surprised they haven't turned it over to a CA anyway since it's been at least a year. Link to comment Share on other sites More sharing options...
schellmis63 Posted November 6, 2004 Author Report Share Posted November 6, 2004 No chase, I am sorry, its from the ca,, and it's the one that you are dealing with. i am going to send all copies of asking validation and letters from their attorney Link to comment Share on other sites More sharing options...
c m chase Posted November 6, 2004 Report Share Posted November 6, 2004 Oh. LOL!I forgot about the other thread. Yeah, send them the letters and such. Don't expect them to answer though....they never sent me a thing. Keep a close eye on them....they'll screw up somewhere - they're notorious for violations. Link to comment Share on other sites More sharing options...
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