ImaBird Posted January 16, 2008 Report Share Posted January 16, 2008 In December, my DH's Cap1 went into collections with Allied Interstate.We didn't get the mail (we live in 2 different places...), and therefore missed the 30 day validation period.What do I do now? Link to comment Share on other sites More sharing options...
chelseagirl Posted January 16, 2008 Report Share Posted January 16, 2008 I would send out a DV anyway. If the letter they sent you wasn't certified, there is no way they can prove when you received it! Link to comment Share on other sites More sharing options...
Debt Guy Posted January 16, 2008 Report Share Posted January 16, 2008 I would send out a DV anyway. If the letter they sent you wasn't certified, there is no way they can prove when you received it!In my experience, courts have never held that CAs must send such letters certified mail. The standard for "proving" the letter was sent is the internal records and procedures of the CA.Just an FYI, the FDCPA does not require that the consumer actually receive the letter -- merely that the letter be sent by the CA.You can send the DV. However, since you missed the 30 day window, the CA is not required to cease collection activity pending their response to the request.Regardless, validation is nothing more than the name and address of the original creditor -- information which you already have.My guess is that the CA is going to continue contact. There is nothing that requires you to talk to them.Finally, Cap One is very aggressive in terms of litigation. Link to comment Share on other sites More sharing options...
x-ray Posted January 16, 2008 Report Share Posted January 16, 2008 If they do not call you, call them and ask why they slander your credit, reporting derogatory B.S. to your credit file. They will tell you blah, blah, blah...You tell them, I do not know anything about this debt, according to law (FDCRA, 809) you must mail me a written notice containing the amount of the debt and the name of the creditor to whom the debt is allegedly owed. Why didn’t you comply with the law? Tell them that you didn’t get any letters from them.... Most likely they will mail you another letter and you can DV them within 30 days after receiving that letterIf you do not get any letters from them (I doubt it, but it is possible); you should DV them anyway (You can DV them now and DV them later after you receive the letter, just in case ...) Link to comment Share on other sites More sharing options...
x-ray Posted January 16, 2008 Report Share Posted January 16, 2008 § 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. ( 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. Link to comment Share on other sites More sharing options...
x-ray Posted January 16, 2008 Report Share Posted January 16, 2008 The boneheads (Allied Interstate) sent to a friend of mine a letter without § 809 (3, 4, and 5) statements.He filed a complaint with FTC, and he threatened to sue Allied Interstate for violating FDCPA, and demanded that all references to his account were deleted and completely removed from his credit file immediately and a copy of such deletion request mailed to him within 15 days. Everything was deleted from his CR within 5 days and they sent a letter telling him that he does not owe any debt.FTC Consumer Complaint Formhttps://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01 Link to comment Share on other sites More sharing options...
Debt Guy Posted January 21, 2008 Report Share Posted January 21, 2008 You tell them, I do not know anything about this debt, according to law (FDCRA, 809) you must mail me a written notice containing the amount of the debt and the name of the creditor to whom the debt is allegedly owed. Why didn’t you comply with the law? Tell them that you didn’t get any letters from them.... Most likely they will mail you another letter and you can DV them within 30 days after receiving that letterI don't think this is quite accurate as you are trying to read things into the Act that just are not there. The FDCPA says: "send the consumer a written notice". There is nothing that says the consumer must receive the notice.For all you know, it was sent. But, as I said previously, those disputes get hashed out in court in the manner in which I described. Go read some of the FTC opinion letters -- I don't recall which one but I think one addresses this issue at least tangentially. There are some published court decisions supporting my position -- you would have to do some research to dig up the citations if you are interested.I agree that the creditor MIGHT send a second notice. But, if they do that does not re-trigger the limited window DV provisions of FDCPA. That provision only triggers one time as a result of the "initial contact". The Act makes no discussion of treatment of secondary contact.If you know otherwise, please provide the legal citations. Link to comment Share on other sites More sharing options...
win270 Posted January 21, 2008 Report Share Posted January 21, 2008 My experience with crap1 is every time I DV'd there CA they would not Validate they would assign another Started with RMA DV'd get letter from North land DV'd Get letter from ARS DV'd got letter from Hayt Hayt and Lanndau DV'd Got 2 statements 1 from the Charge Off date and 1 after and un signed Credit card agreement.There attorney will Answer a DV.So when you get a answer to your DV know that a law suit is near so watch for a summons and don't miss the court dates.If the debt is his and you get a offer try to settle they will continue to add late fee and over limit fee till charge off day.They will not go away and will continue to add interest.My opinion, payed for less is a lot better than a public record judgment TL. Link to comment Share on other sites More sharing options...
jetscarbie Posted January 21, 2008 Report Share Posted January 21, 2008 I hardly ever get dunning letters. Pulling my credit reports is the only time I know when I have a new collection.I still send DV letters as soon as I notice someone new. Link to comment Share on other sites More sharing options...
betam4x Posted January 21, 2008 Report Share Posted January 21, 2008 They will also continue to charge interest AFTER the charge off!! They are still charging me 27.99% interest. Link to comment Share on other sites More sharing options...
llh703 Posted January 23, 2008 Report Share Posted January 23, 2008 Ive been disputing several accounts on my report now for 10 months. When asked for verification, they do everything but. Its time to sue some of these creditors, but they are not in my state. Now what? Im under the impression you can only small claims accounts in your state. These accounts are over 3 years old, I KNOW they cant verify, but they continue on my reports as "disputed by individual". Several have doubled the amount "interest" yet no one is budging..not even the bureaus.Advice? Link to comment Share on other sites More sharing options...
Debt Guy Posted January 25, 2008 Report Share Posted January 25, 2008 Ive been disputing several accounts on my report now for 10 months. When asked for verification, they do everything but. Who is they? What do you mean? What are "they" telling you?Its time to sue some of these creditors, but they are not in my state. Now what? So what? Did you think you had to go out of state to file?These accounts are over 3 years old, I KNOW they cant verify, but they continue on my reports as "disputed by individual". This is really confusing. What do you mean? Why do you think this is wrong? What is the story?Several have doubled the amount "interest" yet no one is budging..not even the bureaus.The interest is percentage and time - it adds up really quick. Why would the bureaus budge? I don't understand.Your post is extremely confusing. You need to take a breath and lay this out with more background and fewer "thems" and "theys".All it is not polite to hijack someone else's post. Link to comment Share on other sites More sharing options...
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