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Mitchell N. Kay

Date: Fri, 03/06/2009 - 12:07

Submitted by vandj
on Fri, 03/06/2009 - 12:07

Posts: 12 Credits: [Donate]

Total Replies: 5


I sent Mitchell N. Kay a validation leter by certified mail and return registered receipt. I informed them to communicate to me by letter only. the office has since called and left a message to call them about settling a debt. They have not produced any items requested in the validation letter.Any advice?


Froggy...I have to disagree with you on this one. The one more phone call rule is in response to a cease comm letter. If you're DV was timely, w/in 30 days of receiveing their initial dunning letter, they must cease all collection activity until a time as such validation is provided. That means no phone calls, no settlement letters, nothing, until validation per FDCPA is provided. Their calling with the settlement offer is a violation but, if you didn't get it on tape, it didn't happen. If you're DV was outside the 30 day validation window, all bets are off. As far as re-setting SOL, only a payment, a written promise to pay or acknowledgement of the debt in writing can reset the SOL. There are a few exceptions to the rule but not many.


lrhall41

Submitted by NASCAR_Devil on Fri, 03/06/2009 - 13:25

( Posts: 4671 | Credits: )