ElorraM Posted December 31, 2004 Report Share Posted December 31, 2004 I got a DV letter back from a CA saying that they really didn't have to validate because according to the FDCPA "you have 30 days from the date of receiving the intial correspondence to request validaton."I know this has been discussed before but couldnt find a thread on it. The CA-- it is Omni Credit Services btw-- has no proof, like certifed mail that they sent this they just say they did, and since it wasnt returned they are assuming that I got it (the guy also lists other days they sent other alleged letters). He also says "The opportunity to receive validation on this debt expire years ago and as such, the credit bureau reporting wil remain."The rep goes on to say that, "However, I have ordered an itiemized stateemnt from our client to forward to your attention. Please not that I have done this simply to help you resolve the outstanding debt owed."Like he's doing me a %$#&^##@ favor! How should I responded? Any help would be appreciated. Link to comment Share on other sites More sharing options...
DocDon Posted December 31, 2004 Report Share Posted December 31, 2004 The FDCPA states they "will assume the debt is valid" if you don't respond within 30 days. Big deal. They can assume anything they want. Further, there is no SOL for requesting DV per the FDCPAThe FDCPA does not say you give up your rights to validation because you failed to request DV within 30 days... and yes, there is a post that specifically addresses this somewhere with the opinions as well.Best bet is to report them to the FTC and their state Attorney General. Link to comment Share on other sites More sharing options...
Andyt293 Posted December 31, 2004 Report Share Posted December 31, 2004 1692g© 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.Send them a second DV letter pointing out that section. Point out that refusing to validate a debt is contrary to the FDCPA. Hopefully they will ignore it and fail to report to the CRA's that the debt is disputed. This is a FCRA violation and is easy to prove in court. All you need is your DV letter, the CMRRR green card and your credit report. Then sue them for; failing to validate a debt while still continuing collection activity (FDCPA) and failing to note the tradeline as disputed (FCRA).Two pieces of advice:Don't talk to any CA on the phone. Keep it in writing andSend everything Certified Mail. Link to comment Share on other sites More sharing options...
Andyt293 Posted December 31, 2004 Report Share Posted December 31, 2004 Sorry about the all bold post. Doc, you beat me to the punch Link to comment Share on other sites More sharing options...
DocDon Posted December 31, 2004 Report Share Posted December 31, 2004 Your answer was a lot more detailed than mine... Link to comment Share on other sites More sharing options...
reno2360 Posted December 31, 2004 Report Share Posted December 31, 2004 One more thought... maybe I am wrong.Doesn't the 30 day time frame have to do with the fact that if a request for DV is sent within the initial 30 day then the CA must cease collection activity until DV is returned to the consumer?After the 30 days the consumer may still request DV but the stipulation that the CA must cease collection activity does not then apply? I am taking it to mean that in this case the CA must still send out the VD but they are also allowed to contact the consumer.Or am I totally confusing myself and everyone else? Link to comment Share on other sites More sharing options...
Yikes Posted December 31, 2004 Report Share Posted December 31, 2004 Also, just FYI... if in Texas there is more protection for the consumer regarding the 30 day validation period. Link to comment Share on other sites More sharing options...
ElorraM Posted January 2, 2005 Author Report Share Posted January 2, 2005 Thanks Andy, everyone. You know that they know they have to DV and are hoping that I'll give up. I think whether or not the validate, I am going to report them for using this tactic. Thanks again. Link to comment Share on other sites More sharing options...
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