Failure of a creditor to respond to request for verification
Date: Thu, 12/21/2006 - 14:33
A creditor doesn't have to abide by the laws mentioned in the fd
A creditor doesn't have to abide by the laws mentioned in the fdcpa. It works only on debt collectors.
You can simply ask your creditor to verify your account because you find it disputed. They will check the system and provide the details. Keep pushing them till it is done.
Letter was from debt collection lawyer for the creditor.
Dear Howard,
Thank you. I misspoke. The letter and failure to verify in response to a request within 30 dyas was from a debt collection lawyer for the creditor. Is that a violation?
A debt collection lawyer is supposed to respond to a validation
A debt collection lawyer is supposed to respond to a validation request. But really all they are required to do is send back a statement saying that is the amount the creditor claims owed. Technically, they are not supposed to pursue the debt further until the "validate" it.
But that is often not the case. I have the same thing going on, bad debt buyer wants to sue me over a 4-yr old credit card; they have attorney's on their staff so they don't actually need to hire an outside lawyer; I disputed the debt, and they still filed a lawsuit without verifying anything.
I will just bring all my evidence to court and hope the judge is on my side.