Re: Disputed debt never verified(letter)
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Posted by cddfisher (205.188.209.12) on February 28, 2003 at 22:55:23:
In Reply to: Re: Disputed debt never verified(letter) posted by Jay on February 28, 2003 at 22:04:14:
The FDCPA allows a consumer to dispute a debt within 30 days of receipt of the initial validation notice. You did so with OSI. OSI coud not continue to collect without validating first. In this situation, however, it appears the creditor recalled the account and referred it to an attorney. OSI need not validate if it simply closed its file. The FDCPA reported decisions make clear a debt collector can simply close its file if it chooses not to validate. Since the attorney is deemed a new collector and each collector must send a validation disclosure on its own, I assume you got one from the attorney. You should dispute with the attorney. The attorney cannot continue collection unless and until he validates the claim.
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