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Question on Validation Process

Date: Tue, 10/09/2007 - 16:38

Submitted by anonymous
on Tue, 10/09/2007 - 16:38

Posts: 202330 Credits: [Donate]

Total Replies: 5


According to the FDCPA:

"Notify the consumer of their right to dispute the debt, in part or in full, with the debt collector. This so-called 30-day "§1692g" validation notice is required to be sent by debt collectors within five days of the initial communication with the consumer"

They are required to send me this in writing correct? Phone calls with no such document = violation correct?

Then you come to:

"Provide verification of the debt If a consumer sends a written dispute or request for verification within 30 days of receiving the §1692g validation notice"

I don't even have to come to debt validation until this step has been completed right? Basically they've spent 10 days calling including speaking to me twice without any sort of notification of the 1692g therefore they should legally cease contacting me until such time as they provide the 1692g?


I've been getting phone calls from them. I'm pretty sure they've violated the fdcpa several times and I'm beginning to collect evidence including recording calls.

The Agency is a "law firm" collection agency called Valentine and Kebartas. Although they have called me, I have received nothing in writing from them, they never stated I had 30 days to dispute etc...

I asked them about debt validation and they said they'd do it via fax only. I told them I didn't have a fax machine(which I don't) and they said that's the only way they will do it.

Among the violations so far is them telling me that Chase has rejected all of my debt consolidation proposals so I must pay them, which both Chase and my debt consolidation company deny. This falls under the deceitful practices clause.

I've asked them point blank a few times if they are a law firm and they assure me they are. Even though their own website dosn't even pretend to be one.

They continue to call my parents number even though I have twice asked them to stop and volunteered the number I can be reached at. Thus their continued calls there are certainly not to locate me.

They also told my mother point blank that they are a collection agency looking for me, which is a violation of Florida law.

About to send them the debt validation letter, but my main question is, is debt validation a moot point since they already have not done the initial statement within the 5 day period of first contact?


lrhall41

Submitted by on Tue, 10/09/2007 - 19:24

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They got the account assigned before I went into debt consolidation. My debt consolidation company is Care One and they have said they usually won't stop calling until the third payment when Chase grants benefits. I reported everything I posted here to Chase, earlier Chase assured me they havent' denied anything from Care One and that they'd review what I told them and get back to me. I just checked my online account and they sent me a number asking me to call them.

We'll see how it goes. Regardless of how things go with Chase though I am still considering a suit against this collection agency. I'm just looking for clarification on the 5 day rule and if I should still send a debt validation letter or not.


lrhall41

Submitted by on Tue, 10/09/2007 - 19:35

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