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1st Contact by CA Considered Now or Then? Help!

Date: Tue, 03/18/2008 - 14:55

Submitted by anonymous
on Tue, 03/18/2008 - 14:55

Posts: 202330 Credits: [Donate]

Total Replies: 12


I posted this query earlier but received no response, so I will try again in a new post.

If my address was inaccurately given to a CA a couple of years ago & I never received any statements till now (after calling the CA when I found the debt on my CR on 3/3/08) can I legally consider the FIRST written statement received by the CA on 3/10/08 the initial contact?

I sent a DV letter on 3/14/08, CMRRR, and I am curious if they can be considered in violation of the fdcpa 15 USC 1692g Sec 809(b), if they don't validate within 30 days? Any thoughts on the legal standing here? Is the 1st contact legally recognized as the letter I never received, presumably sent to the wrong address years back, or is it this one I recently received? Thanks for any advise...


As far as they are concerned first notification was when they mailed it out the first time. As long as they had reasonable belief it was a correct address.
However if they are a decent agency they will correct the address and send you a new letter.

Do you live in Texas? As far as I am aware (and I could be wrong) that is the only state that requires a collection agency to validate within 30 days of to cease all activity including reporting to the CBR's.


lrhall41

Submitted by FYI on Tue, 03/18/2008 - 15:26

( Posts: 1950 | Credits: )


I live in California. The debt originated in CA as well.

I phoned the CA 2 weeks ago when I saw it on my report and explained the wrong address situation; They didn't care. CA said that it was against policy to remove trade lines. I then gave them my correct address(and nothing more)and the only letter I have received states simply to contact them now to arrange payment. I made no verbal or written agreement to pay. I just wanted to find out where this came from, total $$ owed, etc.

Maybe I am confused about the laws here. If the CA doesn't validate and/or is not legally bound to do so in a certain amount of time, what is the point of a DV letter? what stops them from never sending validation of the debt and then taking me to court to get the money?

If they don't validate can I get them to remove the listing/trade line on my credit report? How long till I can demand removal, if ever? That is actually the only thing I care about here- my credit rating.

The debt is only $400+, I can easily pay it anytime. I just want to have some leverage to get them to remove the posting. I just don't feel this collection is fair. If the bill had been sent to the right address, I would have paid it on time and this would have never gone to collection in the 1st place! I also want to protect myself from this coming back to haunt me later, via the OC or another CA. Any thoughts/advice here? Thanks!

Thanks to FYI for responding!


lrhall41

Submitted by on Tue, 03/18/2008 - 16:58

( Posts: | Credits: )


If they don't validate within a reasonable amount of time then I would send a letter to all three CBR agencies and request that it be removed due to it not being validated. However the information the CA needs to give the CBR is basically who the creditor is and a date.


lrhall41

Submitted by FYI on Tue, 03/18/2008 - 18:32

( Posts: 1950 | Credits: )


reasonable belief? extortion as far as I am concerned...reasonable = real?..not happening in most cases here on this site..unreasonable terrorists tactics and you have to respond and defend yourselves with proof! Can you name "Decent agencies here?"

ain't friggin happening with a debt collector sorry for spreading the facts!


lrhall41

Submitted by socksfullofrocks on Wed, 03/19/2008 - 02:32

( Posts: 488 | Credits: )


O.K...I sent out letters to the CRBs yesterday CMRRR, to correct bad info and to reaffirm my online disputes in writing. I sent the DV letter CMRRR to the CA last week. I guess I wait to see who gets back to me and w/what info and go from there. Thanks for the help....


lrhall41

Submitted by on Wed, 03/19/2008 - 11:40

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Thanks Socks!

Gotta say, as annoying as this has all been & continues to be, I have learned A LOT about credit, debt, the laws and the right way to proceed w/CAs.

It is amazing the number friends that I have spoken(read:Bitched) to about this situation that are just as clueless as I was mere weeks ago. A lot of them are in serious debt and just ignoring it.(mine is not even $500 total, I consider myself fortunate)

I have opened a lot of my friends' eyes to what is really going w/debt & credit, and urged them to face the music & act now to begin repairing it.

I wish they explained this stuff to EVERYBODY; it should be a mandatory class in high school or something.


lrhall41

Submitted by on Fri, 03/21/2008 - 20:05

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