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Hi

I sent arrow a dv letter and the response was since this is not the first letter that was mail they don't have to validate. The only letter I received was the one I copied and mailed with the dv letter. Any advice is greatly appreciated.

Thank you

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It's a he said, she said issue now. The only way to resolve it matter of factly is a lawsuit.

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What state are you in?

(Yay for Texas laws!)

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That is a typical tactic. They know they can't prove the debt, so they just claim you are outside of the 30 day window. I would love to see that 30 day thing go away. After all, if I owe the money, you should have the paperwork to back it up if you are going to report it to the CRA. I don't care if it is 30 days later, or 30 months later- you report it, you better be able to prove it.

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They are not required to validate after 30 days, however, they are still required to report the item on your credit report as in dispute.

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Hi

I live in PA. The letter says that they purchased the acct last june and I want to sue them.

For what?

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The stance they are taking is that the 30 days has expired, so they will continue to collect.

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Same deal here. They also re-aged the account. You should double check your credit reports.

-r

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Yes- I agree. The 30 day thing is soooo bogus. They can either validate it or not--most of the time they cannot so their goal is to try to get you to pay through fear--and it works for alot of people. Just think about it like this--if a complete stranger calls you and claims you owe them money--you want proof--for all you know, they are trying to steal your identity. Get proof in writing before you pay anything--it is reasonable to ask someone who is claiming you owe them money....

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Hi

I DV'd them within the 30 day window of the only letter I received. If they sent one before, I did not get it. The letter says that I have 30 from the time I receive the letter to DV it.

Any advice appreciated

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Send them a second letter stating that the validation is not good enough and that proper validation consists of:

§ 809. 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.

(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.

I may be wrong but if you DV'd within the 30 day time frame then they are violating. If I am wrong then please excuse the mistake as I am new to this also.:)++

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Actually, that is a horse of a different color. Let me get this straight:

1 You got a letter, explaining that you have 30 days to dispute the debt

2 you disputed

3 they replied that they had previously sent you a letter, and the one you sent a dispute in response to was actually a subsequent letter. This made your dispute beyond the 30 days

If so, the letter could be confusing to the LSC and would be a violation

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Like I said, I apologize as I am new to this also. Please excuse my mistake:-(

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