Relocated Posted November 19, 2005 Report Share Posted November 19, 2005 I'm just querying this as I have a situation where I ahven't spoken to an agency until today.What construes communication with you? Does it have to be two way?"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; " Link to comment Share on other sites More sharing options...
LadynRed Posted November 20, 2005 Report Share Posted November 20, 2005 "Communication" doesn't have to be verbal at all. It can be a letter, verbal, or even a lawsuit. If contact with the debtor is made, its 'communication'. Even reporting to the bureaus can be considered 'communication'. 1. Scope. For purposes of this section, the term "communicate" is given its commonly accepted meaning. Thus, the section applies to contacts with the consumer related to the collection of the debt, whether or not the debt is specifically mentioned. [53 Fed. Reg. 50104] Link to comment Share on other sites More sharing options...
Relocated Posted November 20, 2005 Author Report Share Posted November 20, 2005 The underlying question here is if a letter is sent to an address which I ahven't lived at for 3 years is the CA considered to have 'communicated' with me? Link to comment Share on other sites More sharing options...
divemedic Posted November 20, 2005 Report Share Posted November 20, 2005 Remember that the law says they have to SEND you a written notice, it does not say you must receive it. Unless it gets sent back as undeliverable, they are allowed to assume it was delivered. Link to comment Share on other sites More sharing options...
Relocated Posted November 20, 2005 Author Report Share Posted November 20, 2005 Which IS what they told me verbally - as it happens.So - by the argument you put forward can we, as consumers, claim that anything that doesn't come back as undeliverable to the CAs etc. must have got there? Link to comment Share on other sites More sharing options...
Radio_Guy Posted November 20, 2005 Report Share Posted November 20, 2005 Which IS what they told me verbally - as it happens.So - by the argument you put forward can we, as consumers, claim that anything that doesn't come back as undeliverable to the CAs etc. must have got there?Yes, in the eyes of the courts only debtors make mistakes, lie, cheat or steal. Debtors are guilty until proven innocent. Corporations are assumed to be innocent until proven guilty. Link to comment Share on other sites More sharing options...
Anonymous Posted November 20, 2005 Report Share Posted November 20, 2005 Corporations are assumed to be innocent until proven guilty.Even Enron. Link to comment Share on other sites More sharing options...
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