aimlessbloom

Confused about untimely DV and disputes with CRA'S

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IMO;

They violated FDCPA, Section 809 – Validation of debts [15 USC 1692g] plaintiff was not allowed time to validate the debt prior to it being reported to the credit bureaus, because said agency never sent them any notice of the debt prior to reporting it to the credit reporting agencies.

Many times court is a crap shoot at best so obviously a judge would have to use his/her discretion.

My wife has about a dozen collections on her report, and in the 6 years we've lived together we've never received a single dunning letter, granted we've moved a few times. But heck, the two collectors on my reports always seem to find ME. Go figure.

Eddie

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sultan..you also have to remember , being in cali, we have protections not afforded to residents in other states...for example, the rfdcpa requires validation at any time, not just within the 30 day window....thats why we would get it here but residents of other states wouldnt....

Where does it say that? I've never came across that but wish I had. That solves my issues if its true.

Eddie

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The point here is that the CA doesn't have to prove you got the letter, nor do they have to prove they sent it. They just have to SAY they sent it:

Mahon v. Credit Bureau, 171 F.3d 1197 (9th Cir. 1999). Debt collection agency must prove only that the § 1692g notice was sent, not received by the consumer. Absent any evidence other than the consumer’s bare denial of receipt, the common law mailbox rule controlled where uncontroverted evidence showed that the collection agency properly mailed the notice. The court additionally found that a debt collector was under no duty to verify a debt which the consumer disputed after the thirty-day validation period.

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My final mention is;

1) there isn't any case law in favor of consumers regarding untimely DV that I am aware of (there may be some but it isn't published or readily available on the net)

2) there is an abundance of case law where agencies have been sued for reporting inaccuracies and various other violations of both the FCRA & FDCPA

3) requesting validation is a good idea, in my opinion even if untimely (be aware you might or might not receive a response, its not going to hurt anything)

4) if for any reason any of us end up in court we need to show due diligence that we did everything we could to resolve the issue and a request for validation and documentation that we disputed the debt will help with that

5) some of this is still uncharted territory theres always a chance to create new case law, obviously there are exploits with both the FDCP and the FCRA and a sharp consumer or the right attorney who substantiates an obvious manipulation on a CA's part can find favor with judges

6) some of the mentions & publications we find from organizations such as the ACA are often skewed and things are taken out of context, some of that does finds it's way here (and other places for that matter)

7) this is a pro-consumer board, obviously that said personally I do not advocate lying, or trying to forfeit financial obligations, if you truthfully have been wronged or do not owe a debt I encourage people to do everything they can to protect their credit status and make sure their reports are 100% accurate.

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I've gotten TLs deleted by sending DVs asking for license verification, stating the SOL or requesting a a copy of the notice for a deficiency balance on a repo. So, it can be beneficial.

I like your angle...that's savvy.

~ He who borrows sells his freedom ~

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If you read my posts, I always have advocated sending DV. I just want people to understand the law and the limitations we work under. Knowledge is power, ignorance can get you in trouble.

Read my sig...

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If you read my posts, I always have advocated sending DV. I just want people to understand the law and the limitations we work under. Knowledge is power, ignorance can get you in trouble.

Read my sig...

Thats a good point, (people are better off knowing exactly where they stand) I agree & I think we're on the same page.

It would be nice if we could have a few needed amendments for the deficiencies to both the FCRA & FDCPA to bring it up to speed for current times

but that .. is another story

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