Question about debt validation letter
Date: Sun, 02/15/2009 - 17:20
Per the FDPCA, does a collection agency HAVE to answer a DV letter? And if so, when they don't answer, does this make the account null and void?
I have read and re-read the FDPCA, but my mind is boggled at the moment and my eyes are crossed!
Can someone help me out?
kat
hiya kat-- no, the FDCPA doesnt require them to answer you.
hiya kat--
no, the FDCPA doesnt require them to answer you. It DOES, however, require them to respond with validation if they intend to continue trying to collect the debt from you. The key here is section 809 of the FDCPA. On your end, you must have sent the DV request letter within the first 30 days since you were first contacted by that CA about the debt. If you did that within that time frame, they are required to stop all collection attempts until they provide you with proper validation of the debt. The only time you have a case against them is if you sent aDV letter within those 30 days and they ignored it, but kept calling you asking for money. I have a case going on right now just like that with Midland--they have been calling my house constantly for months now, and just last week I FINALLY got one of their "supervisors" to admit to me that in my file with them it clearly states that I did formally dispute the debt within that time frame. And yet, they have still been calling my house, even since that phone call! Man, am I ever glad that I have those calls recorded!!!
On the flip side, the law allows them to not ever validate the debt at all--they can simply stop calling you and sell the debt to some other collection agency. Make sure you are sending those letters via certified mail, return receipt requested, so you can prove that they received it.
katcunnington, you may also go through this page where you will
katcunnington, you may also go through this page where you will find information on Debt Validation
http://www.debtconsolidationcare.com/validation.html
It also depends on what state you live in also. In Massachusetts
It also depends on what state you live in also. In Massachusetts they must send you the original signed contract and/or full account history within 5 days of receiving debt validation letter.
