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Debt Validation after the 30 day time period?


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I have been working on doing some debt validation stuff today, and was curious about FDCPA 809 (a).

How can the CA prove they have sent you information regarding the account? I noticed two items today on my CR that I can not recall ever having. I of course called both CA's and they said they had sent repeated letters, and that one had even talked to me. Now I know I did not talk to the one, and do not remember the other.

I guess my question is, can I still request validation if I did not receive the info and am past the CA's assigned 30 days?

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I have been working on doing some debt validation stuff today, and was curious about FDCPA 809 (a).

How can the CA prove they have sent you information regarding the account? I noticed two items today on my CR that I can not recall ever having. I of course called both CA's and they said they had sent repeated letters, and that one had even talked to me. Now I know I did not talk to the one, and do not remember the other.

I guess my question is, can I still request validation if I did not receive the info and am past the CA's assigned 30 days?

LMAO, they always say that crap. NCO called me and said the same exact thing. I even requested them to send me a bill and gave them an updated address, still no letters.

Next time they call and you happen to answer the phone get their address as if you want to send them a payment, then send a CMRR DV ltr to them.

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you don't have to wait, their address is on your CR. You can validate at anytime, it doesn't have to be within their time frame. Make sure you clarify that you are requesting Validation and not "verification" and give them 30 days and be specific in what you ask you, otherwise they may give you a bunch of crap (or more crap.. heh).

There are some good examples of DV letters, use search to help you out.

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you don't have to wait, their address is on your CR. You can validate at anytime, it doesn't have to be within their time frame. Make sure you clarify that you are requesting Validation and not "verification" and give them 30 days and be specific in what you ask you, otherwise they may give you a bunch of crap (or more crap.. heh).

There are some good examples of DV letters, use search to help you out.

You can request validation at any time but in the majority of the states, they don't have to respond unless it is within the 30 day time period from the initial dunning letter.

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You can request validation at any time but in the majority of the states, they don't have to respond unless it is within the 30 day time period from the initial dunning letter.

Just so everyone can benefit from this ... if one's DV is untimely and CA refuses to provid DV because it is outside 30 days window and continues to report, collect etc then what happens? does this mean there is no further action we can take?

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I am confused by this. A CA can just say that you have been sent a letter even if they haven't and there is nothing that can be done? This sounds wrong.

Basically, that's correct. The CA can claim to have sent you a dunning letter, they don't really have to prove that they sent it though.

Arrow and a few others do it routinely. I simply dispute their claim that they sent a dunning letter, after all it's their word against mine. My feeling is if they had proof, they would send it. You have to press them hard and insist. I DV as soon as I see a debt appear on my CR.

-r

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I just recently received a debt validation back from Calvary Portfolio Service, LLC. They backdated their DV letter to September 11, 2007 mailed on September 18, 2007. The original DV received by them on August 16, 2007 (green card returned.) The only thing they sent me was copy of a bill from Sprint with a totally different spelling of my legal name. They did not show any proof that they have purchased the debt, nor any payment history, nor the originalsigned agreement for services. The original CA letter they sent me had a wrong spelling of my name as well which prompted the DV.

This service was only in effect for one month! Makes me wonder who actually signed up for this?

In their letter it states;

"In light of the foregoing response, Calvary Portfolio Services, LLC has now fully complied with 15USC1692g(b)"

I have tried searching the sticky's for anything near this and found nada.:confused:

Any suggestions from this wonderful group of people would be much appreciated.

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CAs DO NOT have to respond at all, period. The 30 day window is for the consumer. If the consumer disputes within 30 days, the CAs only requirement is that they cease all collection activity UNTIL THEY VALIDATE/VERIFY. As long as they cease collection activity they can take as long as they want or never respond. That is why so many of them simply hand it off to another CA or back to the OC.

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