Dialn911 Posted April 2, 2013 Report Share Posted April 2, 2013 Hey guys, I'm new here. I requested a debt validation on a collector, not the OC, and they responded that by law, they are not required to validate the debt because its been more then thirty days. Is this correct? now what? Link to comment Share on other sites More sharing options...
TomnTex Posted April 2, 2013 Report Share Posted April 2, 2013 Did you receive a letter in the past telling you that you owe the debt? You have thirty days from the time you RECEIVE the dunning letter to reply. Link to comment Share on other sites More sharing options...
admin Posted April 2, 2013 Report Share Posted April 2, 2013 Yeah, you're out of luck if it's past the original 30 days. Link to comment Share on other sites More sharing options...
Dialn911 Posted April 3, 2013 Author Report Share Posted April 3, 2013 to be honest, i don't recall. I thought you could validate debt any time. Link to comment Share on other sites More sharing options...
BV80 Posted April 3, 2013 Report Share Posted April 3, 2013 According to the FDCPA, in order to trigger your validation rights, you have to send a DV request within 30 days after their first letter to you. That letter would (or should) contain the 30 day validation notice. If you send a timely DV, they cannot make collection attempts until they validate. If they choose to stop collecting, they don't have to respond at all. You can send a DV at any time, but your rights under the FDCPA are triggered only if your DV is timely. Link to comment Share on other sites More sharing options...
Dialn911 Posted April 3, 2013 Author Report Share Posted April 3, 2013 ok, thanks...what if it gets bought by a new CA? does it restart with the new agency? Link to comment Share on other sites More sharing options...
Dialn911 Posted April 3, 2013 Author Report Share Posted April 3, 2013 Can someone please point where on this site I can find the page that shows when you can sue a CA for violations of the FDCPA? I saw it about a year ago, but cannot find it anymore. thanks Link to comment Share on other sites More sharing options...
BV80 Posted April 3, 2013 Report Share Posted April 3, 2013 A CA (collection agency) doesn't purchase debts. They merely collect for the creditor. Junk Debt Buyers (JDB) purchase debts. Both CAs AND JDBs are considered debt collectors under the FDCPA. If someone new is hired to collect, they should send you a letter that includes the 30 day notice. Link to comment Share on other sites More sharing options...
Torden Posted April 3, 2013 Report Share Posted April 3, 2013 Are they currently trying to communicate with you? Their response seems to suggest they want to. Send them a "cease communication" or "refusal to pay" letter. For a CA that means they cannot ever get anything out of the account, and might as well send it back to the OC. The OC won't get anything out of it if they send it to the same CA again (who likely won't accept it because they can't collect on it). So maybe they will send it to another CA (the first CA should recommend that to the OC). Link to comment Share on other sites More sharing options...
admin Posted April 4, 2013 Report Share Posted April 4, 2013 http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml Link to comment Share on other sites More sharing options...
knitster Posted May 19, 2013 Report Share Posted May 19, 2013 I don'tunderstand why you cannot do dv letter after the 30 days if they didnt send original letter certified. I thought I read somewhere that they cant prove you received letter. If they send 2nd letter could you not send dv then if you did not receive the first letter. Link to comment Share on other sites More sharing options...
willingtocope Posted May 19, 2013 Report Share Posted May 19, 2013 I don'tunderstand why you cannot do dv letter after the 30 days if they didnt send original letter certified. I thought I read somewhere that they cant prove you received letter. If they send 2nd letter could you not send dv then if you did not receive the first letter.They don't have to prove you received it. They only need show they have a mechanism in place for sending it. Link to comment Share on other sites More sharing options...
Torden Posted June 16, 2013 Report Share Posted June 16, 2013 They don't have to prove you received it. They only need show they have a mechanism in place for sending it.When expressing the argument that it was not received, say: 1. The mechanism is flawed since it does not provide a means to ensure delivery, when such means are available. 2. The mechanism is effectively a witness, and the right to cross examine the witness must be preserved. 3. The mechanism is flawed if it does not ensure that any person can avoid its use. Link to comment Share on other sites More sharing options...
69L88 Posted June 27, 2013 Report Share Posted June 27, 2013 As BV80 Said - if you get a letter from someone new trying to collect and they have sent a letter with a 30 day dispute in it does this restart what we need all over again from square one so they have to answer our letter request. Also when a JDB purchase a debt from BOA and then the same JCB reports this to all 3 credit agencies using a different bank name like Fleet that has nothing to do with this account what so ever is this cause to file a dispute with all 3 credit agencies for incorrect information. Or this is common. And one last question. SOL does it go by last payment date or last charge on the account date.. Hello to everyone this is my first post. I hope I have not P.O. anyone because I had 3 question. I have part timers and need to list it while in my head. Thank You a head of time for any help. Link to comment Share on other sites More sharing options...
energizer Posted June 27, 2013 Report Share Posted June 27, 2013 I actually found a letter that was sent to me in 2010 from a CA for an OC. I had DV'd them back within the first 30 days but since then i have no proof of having sent them that.Now they are reporting on my CRA's as a tradeline & my numerous tries to DV them after that have gone to waste. This CA just has a tradeline on my CR and all efforts to have this tradeline removed is not working. The OC doesn't have a tradeline on any CRA. Anything that can be done short of find a CMRRR of what i sent this CA back in 2010 within the first 30 days?This CA just sits there and has 2 more years before its 7+ years are over. Link to comment Share on other sites More sharing options...
admin Posted June 28, 2013 Report Share Posted June 28, 2013 I actually found a letter that was sent to me in 2010 from a CA for an OC. I had DV'd them back within the first 30 days but since then i have no proof of having sent them that.Now they are reporting on my CRA's as a tradeline & my numerous tries to DV them after that have gone to waste. This CA just has a tradeline on my CR and all efforts to have this tradeline removed is not working. The OC doesn't have a tradeline on any CRA. Anything that can be done short of find a CMRRR of what i sent this CA back in 2010 within the first 30 days?This CA just sits there and has 2 more years before its 7+ years are over.They can report after DVing you - unless you have state case law that rules reporting as a communication. I'm not sure Texas has that. Link to comment Share on other sites More sharing options...
energizer Posted June 28, 2013 Report Share Posted June 28, 2013 They can report after DVing you I have never received a response to my DV request, if thats what u r asking? I only know i did make that request however, no proof with me . I guess they are allowed to report? Link to comment Share on other sites More sharing options...
willingtocope Posted June 28, 2013 Report Share Posted June 28, 2013 Even if they did receive your DV, they are allowed to report (in most states) as long as they mark the TL "In Dispute". Link to comment Share on other sites More sharing options...
energizer Posted June 28, 2013 Report Share Posted June 28, 2013 How do you work in removing " in dispute" from tradelines? Link to comment Share on other sites More sharing options...
admin Posted June 28, 2013 Report Share Posted June 28, 2013 How do you work in removing " in dispute" from tradelines?I don't think you can. These just fall off after awhile. (The disputed notation, that is. The account can still remain). Link to comment Share on other sites More sharing options...
energizer Posted June 28, 2013 Report Share Posted June 28, 2013 @ admin within a year or 2 years? have any idea? it falls off? i think it affects scores? Link to comment Share on other sites More sharing options...
admin Posted June 28, 2013 Report Share Posted June 28, 2013 @ admin within a year or 2 years? have any idea? it falls off? i think it affects scores?I don't have a definite answer on that. I think the company reporting the tradeline gets to decide this and I don't know of any case law or guidelines about this. It doesn't affect score that I know of, but it may be hard to get a mortgage with a "disputed" credit card or mortgage history on your account. Link to comment Share on other sites More sharing options...
energizer Posted June 29, 2013 Report Share Posted June 29, 2013 if getting mortgage is hard with "dispute" on cr, i suppose its a good idea to b removing" dispute" off your CR? what u think? does anyone know how? Link to comment Share on other sites More sharing options...
willingtocope Posted June 29, 2013 Report Share Posted June 29, 2013 Anything on yours reports that has the potential to involve a lawsuit ot you ability to make your mortgage payments will attract the attention of the mortgage underwriters. In other words, you need those accounts eithe gone from your reports or marked "paid". Link to comment Share on other sites More sharing options...
admin Posted July 8, 2013 Report Share Posted July 8, 2013 if getting mortgage is hard with "dispute" on cr, i suppose its a good idea to b removing" dispute" off your CR? what u think? does anyone know how?The only way I can think of to remove "in dispute" is to write the credit bureaus and tell them the account is not in dispute. Link to comment Share on other sites More sharing options...
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