Any Suggestions Please
Date: Fri, 03/09/2007 - 12:11
approach a CA about validation after the
thirty day period?
Unfortunately, I had no idea CA's were
under any obligation to validate a debt.
I thought if I disputed the debt, the
burden to prove would be on me.
I mean, in the first correspondence CA's
don't offer validation upon request.
They give you 30 days to dispute the debt.
I would think the average person would assume the burden of proof would be on
the debtor.
Any suggestions???
Unfortunately, you were not informed about your rights. debt
Unfortunately, you were not informed about your rights.
debt collectors are bound by federal and state laws to validate the debt in writing within five business days from the first phone call. The information given in the first communication wasn't enough that validates the account. By laws, you have the rights to dispute the information within 30 days only. As you haven't disputed within the 30 days, they will assume the information is correct and you have agreed to pay the account.
Debtor's are expected to provide proof of any correspondence the
Debtor's are expected to provide proof of any correspondence they send to CA's.
I assume this is true because it is
recommended that a debtor send correspondence by certified mail.
Why is the same burden of proof not applied
in the case of a CA sending a debtor
correspondence.
In other words,what proof does a CA
have they sent me any correspondence at all?
You are thinking wrong. It is the responsibility of the collecto
You are thinking wrong. It is the responsibility of the collector to provide you full validation of the debt in their letter. You are given the rights to dispute if they send you incomplete information about the debt. But you have a set time to do within 30 days. If you don't respond, it happens to be a mistake on your part because of not being aware of the laws.
fdcpa gives you the right to make them validate at any time you
fdcpa gives you the right to make them validate at any time you deem necessary.The 30 day rule applies to the continued collection clause. If you dispute within 30 days of first contact,they cannot legally continue collection activities until they validate. You are not required to give them squat.If they can't prove the debt,they must remove you from their system.
Quote:fdcpa gives you the right to make them validate at any tim
Quote:
fdcpa gives you the right to make them validate at any time you deem necessary.The 30 day rule applies to the continued collection clause. |
So, are you telling me, I have the right
to request validation even though it has
been 30-days since I received the first
correspondence from the CA?
Quote:So, are you telling me, I have the right to request vali
Quote:
So, are you telling me, I have the right to request validation even though it has been 30-days since I received the first correspondence from the CA? |
Yes, that is absolutely correct. You can request validation at any time.
I am very confused by what is being said about the fdcpa rules.
I am very confused by what is being said about the fdcpa rules. You are saying that you can request debt validation anytime even after 30 days. OK. What I am having trouble grasping is that it seems you are saying you can go over the 30 days and not request DV and still dispute the debt? If that is the case, then why would there be any FDCPA rules necessary? I am totally confused now. My questions are in response to what cajunbulldog and morningstar wrote. Help me understand.
Quote:Yes, that is absolutely correct. You can request validatio
Quote:
Yes, that is absolutely correct. You can request validation at any time. |
Thank-you Morningstar. :D
I believe we have another guest on this thread asking questions about validation.
Ok, Here is where you have a collector tell you one thing and us
Ok, Here is where you have a collector tell you one thing and us another.Picture this in your mind,I send letter to the last known address I have.Thirty days pass and I call and say where the hell is that $10K I loaned you? You are like???? The federal law I quoted was designed with the consumer's rights in mind. When in doubt go back to the law and read it.By losing the first thirty days,all you lost was peace and quiet of them not calling.
You can still seek debt verification after the thirty days is up
You can still seek debt verification after the thirty days is up. I think I remember reading that you are not admitting guilt if you do not respond within the thirty days or something like that. You can read the full fdcpa laws online.
Actually Reesie you are reading section of the fair credit billi
Actually Reesie you are reading section of the fair credit billing act which gives you 60 days to dispute any charges that you did not authorize.
Thank-You for the info. I do plan to send out validation lett
Thank-You for the info.
I do plan to send out validation letters next week.
I was going by the Law that an owner of a Credit-card only has 30-days to dispute a charge. I realize now asking a CA to validate is a different situation.