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I requested for debt validation, but.......


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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? 

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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.

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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.

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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).

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  • 1 month later...

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.

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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.

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  • 4 weeks later...

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.

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  • 2 weeks later...

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. 

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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.

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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.  

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@ 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.  

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  • 2 weeks later...

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.  

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