dbinaz

30 days for dispute?

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We got a collection letter May 12th and it said we can dispute it within 30 days of RECEIPT. It was sent first class mail no tracking or return receipt. They have no idea when we received it. Could I still send them a request to validate the debt at this point?

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You can try. (Its worth a shot).

BTW, if it goes to court, then under the law, they don't have to prove when or if you got it...they only need to show they have a procedure in place for sending dunning letters. You, on the other hand, may have to prove via CMRRR receipt that you replied and they received it within 30 days of the date on the letter.

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I'm not sure what it is you expect you could do in any case???

The only difference between a "timely" DV and an untimely DV is that if you dispute and request validation within 30 days of being first notified of the debt, then the third-party collector must, per FDCPA, stop all collection activity until they validate. If it's untimely, they can continue to collect weather they validate or not.

In either case, however, the CA is NOT required to validate if they don't wish to do so or can't do so.

There really isn't anything for you to "do" other than to stick to your demand for validation until they provide it and/or they give up trying to collect...should they commit any violations of the FDCPA then you can sue but that is not something to be done lightly.

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I'm not sure what it is you expect you could do in any case???

I am just following the guidelines set fourth in the Credit Info Center site. First thing is to request validation.

I sent in 3 that were dated June 2nd, 4th and 9th. Others I didn't since they were older.

In either case, however, the CA is NOT required to validate if they don't wish to do so or can't do so.

I thought by law, if requested, they had to prove this?

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

D

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....

Credit Infocenter is a great resource but it, like any consumer oriented website, it can sometimes oversimplify things or leave the impression that something is "absolute" when it isn't.

Bottom line is, a CA doesn't even have to attempt to validate if they don't want to do so and even if they do, what the law requires as validation is minimul at best...what they do have to do is validate before they can continue collection activities if your DV was timely; if it wasn't timely then they don't even have to try to validate.

Many CAs won't validate because they see it as a loosing argument for them...they know that many consumers use the DV process as a way to avoid paying their legitimate debts and so they figure that the consumer won't pay anyway so they just move on to the next account in their database.

Although the DV process has been misused, it is still the proscribed process for a consumer to follow in trying to clear up a debt - it's up to the consumer to demand the informaion he/she needs in order to reach an informed decision about paying/not paying the alleged debt and/or how much is appropriate.

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No, they must simply cease collection activity until they provide validation.

Though they must cease collection activity, they will still report it as a derogatory against your credit report. There are staff opinion letters on this being considered collection activity, but that is just what they are opinion letters.

Once disputed, they MUST cadd a coment to the derogatory that it is in dispute by the consumer.

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Though they must cease collection activity, they will still report it as a derogatory against your credit report. There are staff opinion letters on this being considered collection activity, but that is just what they are opinion letters.

Once disputed, they MUST cadd a coment to the derogatory that it is in dispute by the consumer.

Actually, I believe it's been well established at this point that if the CA has not yet reported anything to the bureaus before receiving a timely DV, that reporting a negative tradeline to the bureaus after receiving a timely request for validation is continued collection activity and precluded by the FDCPA until the CA validates.

Not to mention that any reporting to the bureaus now brings the FCRA into the picture with its own requirements.

That's not to say that CAs won't report anyway, but if they do, they are probably the same ones who will routinely ignor Federal law in any case.

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