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They refuse to respone to validation, time to sue?


afhoke
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I have three creditor that refuse to response after being sent 2 seperate letters within 4 months asking for validation of debt. I sent copies of everything to TU, they refuse to remove stating verfied electronically.Do I now take the Creditor's to small claims court. I have never sued anyone and not quite sure how to go about this. Any help or input would greatly be appreciated.

Angie

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Yeah, hun...I think you're confusing your methods. 1st...you don't DV OCs; DV is for CAs. 2nd...the law doesn't state that the CAs HAVE to respond to a DV; it just says that if a consumer disputes w/in 30 days of initial communication, then the CA must cease collection activities until providing that validation to the consumer. If they stopped trying to collect from you, then they didn't violate anything. 3rd...please read up on the site a little more to get a better understanding of how the DV process works. There's a very helpful flowchart in the Debt Validation forum that you should memorize.

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Yeah, hun...I think you're confusing your methods. 1st...you don't DV OCs; DV is for CAs. 2nd...the law doesn't state that the CAs HAVE to respond to a DV; it just says that if a consumer disputes w/in 30 days of initial communication, then the CA must cease collection activities until providing that validation to the consumer. If they stopped trying to collect from you, then they didn't violate anything. 3rd...please read up on the site a little more to get a better understanding of how the DV process works. There's a very helpful flowchart in the Debt Validation forum that you should memorize.

Now I'm confused...:? Maybe because I've only had about 3 hours sleep in the last day, but I thought the CA's had to validate the debt or stop reporting it? I've been reading the boards, and it seems like this is the very first step in getting a collection account deleted?

Do you mean that after the initial 30 day letter they send to you, you no longer have this right?

It seems like so many people have had a lot of success by doing this.

Could be I'm just not understanding afhoke's post either...

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Orgininally posted by divemedic

If you request validation from a CA after the 30 day period explained in the initial communication letter, they do not have to cease collecting

What if the CA never sent the initial communication letter.. even if CA did send one and it never reached me? What rule applies to them? They reported it to my CR 6 months ago. I recently pulled my CR and noticed that there is a CA reporting on my CR? Am I not entitled to the following rule since I never got a communication letter from the CA. Can't I request the CA for DV and they stop all colletion activities until they validate it as per the above quote?

Thanks

credit2fly

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I recently pulled my CR and noticed that there is a CA reporting on my CR? Am I not entitled to the following rule since I never got a communication letter from the CA. Can't I request the CA for DV and they stop all colletion activities until they validate it as per the above quote?

Yes you can. Just let the CA know in your DV letter that this is your initial communication w/ them and that you only discovered the collection upon viewing your CR recently. You lose the effect of DV if you receive the full miranda (the notice that says that you have 30 days to dispute this debt & if you don't, they will assume the debt is valid) and do not dispute the debt w/in 30 days of receiving that notice. IOW, if you receive this notice (whether it is by mail or phone) and you wait to dispute the debt AFTER 30 days have passed since you received it, then the CA does not have to cease collection activity. If you never received that notice, then you can't dispute something if you are unaware of it. That is why a CA must inform you of your rights w/in 5 days of their intial communication w/ you about the alleged debt.

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