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Debt Validation CBA ignores DV


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Hi I called CBA via the phone to have them validate my debt the lady said its not there job to validate as it was already validated by me along time ago. I told her I never validated the debt and asked her to validate it. She stated that is between me and the company the purchased the debt from.

I then advised her it was her company's responsibility. She continued on the path stated I validated it (which I never did). I then send a DV letter to the company my records indicate they received it via the CMRRR green slip yesterday. Today I received no letter acknowledging receipt of debt validation letter but I did receive a bill to pay. My question is I believe this is past the SOL as the date was 10/1/2002 and I live in California. My question is are then in violation of any laws?

What is the next step I should take? Please help and anwser if you can thanks!

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I may be wrong but if you sent them the DV letter you get the green card back then they send you a bill, that in itself is a violation because it is my understanding they have to stop all collection attempts until they validate. But as stated here you need more then 1 violation, you need to show a pattern, like have they updated your credit report with disputed by costomer? Did you Dispute with the CRA's yet? if they verify the debt with the CRA and havent sent valadation that is a violation.

So if you sent them DV they sent a bill = 1 Violation

Did they mark your credit report with Disputed by consumer? = 1 Violation

Did you dispute with CRA? Did it come back Verified? if it did = 1 Violation

Thats 3 violations and under the law 3000.00 worth of fines.

I hope this helps

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I may be wrong but if you sent them the DV letter you get the green card back then they send you a bill, that in itself is a violation because it is my understanding they have to stop all collection attempts until they validate.

That law only applies to the initial contact by the CA. They have to give you 30 days to dispute the debt after they initially contact you. If you dispute the debt within the 30 days, they must stop collection activity until they validate and investigate the dispute. If it's an old debt that you just ran across on your CR, the only action they must take is to mark your TL, on your CR, in dispute. If they don't do that, they are in violation. Have you received any dunning letters from this company in the past or now?

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Thanks guys a I have received no dunning letters from CBA.

Does anyone know about the SOL on this?

The thing that ticks me on this it is only for $181 dollars of alhambra water delivered to my old apartment after I purchased a condo and moved out.

Account shows:

Experian: Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department

Equifax: Unpaid Unpaid

Transunion: Collection account Comments:Placed for collection

I have disputed the account with experian. What should my next step be?

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If you can help advise how I should proceed after this response that would be great.

Here is the response received.

"Your request for dispute must be within the first 30 days of receipt of your first notice sent on 10-25-02, by Collection Bureau of America. The account is pas the 30-day validation period and due to the age of this account; we are unable to provide you the itemized statement. We can however, provide you with an update on your account; you contact our office at 800-659-3770 in order to resolve this account.

Thank you for your cooperation."

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Few questions looking at the law below.

A. Does this mean because I didn't write in 30 days they are now protected and no longer responsible to provide validation because I didn't? I do not think they are.

B. Are they in violation because they are reporting me and unable to provide an itemized statement? If I demand them to remove based that they have not validated with a judgement and do not have a signature or any itemized sheet and they refuse what violation is that?

C. What is the best course of action to take now. More letters? or sue? What would be the best letter? Should I call them? Everytime I call they contort my words so it is pretty much meaningless.

FDCPA Section 809. Validation of debts [15 USC 1692g]

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© 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.

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Well I guess my next step is dispute with CRA's.

report number

2842397244

Report date: April 28, 2007

Description "Attempting to collect unvalidated debt refuses to provide itemized statement or contract Violation of FDCPA Section 809"

I'll see how they respond and hopefully I can figure out if I need to sue or not.

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Hello DMGacs,

You need to realize just because you may not have disputed the debt within the time prescribed by the FDCPA, this does not bar you from a remedy at law. The FDCPA was enacted to protect consumers from the unethical and predatory nature and action by debt collectors and attorney debt collectors. Even though the FDCPA says in the text that the DC/CA are required to validate the debt within the 30 day period of a consumer's request for verification of the debt, does not relieve the DC/CA from establishing that they are the proper party to be re-paid the money they are attempting to collect on. IOW, It makes no difference if the CA/DC tells you that the 30 day period expires and they are not required to cease and disist from collection, because they MUST still PROVE that:

1. They are the correct party who is to be re-paid the money, with prooof of th same.

2. Thjat they suffered a damage asa result of you failure to pay.

3. That there is someone who can come forward and swear under oath as to personal firsthand knowledge that you owe CA money for an alleged debt they claim you owe.

4. They must prove they are the "holder in due course" of the contract or promissory note/ credit card agreement or they can prove they are the authorized legal custodian of the contract through a certified copy of the original contract or agreement.

5. They must be able to prove that you signed the note/credit card agreement and not just make an out of court statement to that same.

Even if they were to produce a so-called copy of the so-called original agreement (which I can expalin later what "so-called" means), they still have to produce evidence in the for of an affidavit or competent fact witness to testify that "they witnessed you at such and such time on such and on such date" affixing your signature on the said contract or agreement in question. How good is your memory?? Do you really think that someone could rember you, that particular day 1 year ago on some day, when it is thier job to get as many people entangled in the perpetual debt recket ie- credit card, loans etc.???

The CA/DC have no competent evidence what so ever!!! That is why they will only send you copies of documents that they receive on microfilm at the time they purchase the debt, in most cases.

Lastly, be VERY carful what you say! One of the biggest things people do that hurt themselves when dealing with the DC/CA and lawyers, is they give the DC/CA's to much infomation that the other side can use against you. Only answer questions that you can verify or aver in an affidavit, beside, they are the ones who claim you owe them someting, make THEM PROVE IT! It is their obligation to prove you owe them money, (if your the defendant )not the other way around. If your the Plaintiff, then you have alot of ammunition at your fingetips IF you have made a good record of the events that transpired throughout the course of the dispute.

Lord Bless you!

FM

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