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Rule about paying debt not admittance to debt.


Helifixer
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Morning all. I remember while reading FCRA or FDCPA that there was a section that stated that paying on a debt is not validating or admitting that the debt was mine.

Can someone help me find that section?

I am sending DV to all the CAs and OC (Providian 4yrs old) and would like to quote that law at the begining of my letters.

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Morning all. I remember while reading FCRA or FDCPA that there was a section that stated that paying on a debt is not validating or admitting that the debt was mine.

Can someone help me find that section?

I am sending DV to all the CAs and OC (Providian 4yrs old) and would like to quote that law at the begining of my letters.

There is nothing in the FCRA since it deals with crdit reporting not collection.

There is nothing in the FDCPA to that effect.

You'll have to look at your state statutes to see if it is addressed, then if it is you will have to search your state's case law to see how it is handled.

OCs aren't subject to the FDCPA so why would you send a DV letter? Better yet, Providian doesn't even own the debt, they sell within 2 years of charge-off.

You can dispute their TL if it isn't reporting correctly.

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You are probably confusing that with failure to dispute the validity of the debt:

FDCPA

§ 809. Validation of debts [15 USC 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.

Also, in many of our debt settlement letters we include in the terms that payment is not an admission of liability, but this is not in the FCRA or FDCPA.

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I don't believe that is addressed in the FDCPA or the FCRA. Some people put that in their letters that "paying is not an admission of ownership" type of a statement. I am not sure if it matters to be honest.

OC's are not held to the FDCPA, so don't send them validation letters, they won't respond.

Good luck! -Jenn

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Thanks all. I know I have read it somewhere, but it could of possibly have been one of the letters. I have been doing so much reading on this forum that I could be mixing post with FCRA or FDCPA.

"OC's are not held to the FDCPA, so don't send them validation letters, they won't respond.

Good luck! -Jenn"

So is there a way to get the OC removed?

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