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CA refuses to validate


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They claim they don't have to validate. I think they are saying I didn't respond in the 30 day window. I thought I had but later when going through some old bills found that they had sent a letter out last year. I didn't know anything about what to do at the time so I ignored it. They marked on my CR that I had disputed it already. I think they are referring to the fact that I called the OC to dispute owing that amount. Don't they still have to validate?

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  • 2 weeks later...

I had sent that first DV letter by CMRRR and their response was "tough luck". However, I did sent a second DV also CMRRR and, of course, no response this time. I disputed with CRAs at the same time and only got back EX so far and, guess what, no BIG BAD CA. EX said BIG BAD CA cannot be found. Whatever that means? But it is not on the report. I am waiting for EQ and TU to see if the result is the same. If so I will celebrate!

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The consumer always has a right to request validation but a CA does not have to validate. What happens at that point depends on when the validation request was made.

As I read the law, if the dispute/request for validation was made within the 30 day window then the CA must validate OR if they don't they must then cease collection action (including continuing to report it to the bureaus). If the request is outside of the 30 day window, they can refuse and still report.

The hook, however, may be if you dispute it through the bureaus and they validate while concurrently refusing to validate to you...I don't believe they can do BOTH; if they validate to the bureaus then I believe they must validate to you as well; either that or the tradeline shoudl be removed.

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I have a CA who didn't notify me of the 30 day window, but in their letter said that I "had ignored previous correspondence and attempts to contact". It was the first letter that I had received from them. If they had tried to reach me and their previous correspondence was lost in the mail, would they be liable for that?

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Of course not. And, there are no laws requiring they write at all. Upon charge off to profit and loss a creditor can file suit for recovery, but typically a courtesy or Intent to Sue letter is sent at least 30 days prior to adverse action. Some state laws may vary however.

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Of course not. And, there are no laws requiring they write at all. Upon charge off to profit and loss a creditor can file suit for recovery, but typically a courtesy or Intent to Sue letter is sent at least 30 days prior to adverse action. Some state laws may vary however.

§807 of the FDCPA

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.

They sent me a letter, which I guess would be initial communication, stating that they I had ignored previous correspondence (I never got previous correspondence). That was the last I heard from them. My fear is that, if I claim a FDCPA violation based on this, they are going to pull some form letter from months ago out of their a$$ and say "See, we sent this and he ignored it".

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