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Re: ANOTHER pathetic attempt at validation - and a hard inquiry!


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Posted by LadynRed (68.32.101.73) on August 05, 2003 at 20:38:43:

In Reply to: Re: ANOTHER pathetic attempt at validation - and a hard inquiry! posted by Euterpe Thelo on August 05, 2003 at 17:44:48:

You NEVER lose your right to demand validation ! As I said, the Mahons went about their argument the wrong way !

Paragraph C of Section 809 clearly states:

"(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. "

The Mahons NEVER brought this up ! The basis for their entire case was that the creditor couldn't prove that anything had been mailed to them ! The fact that they'd lived at that same address for a long, long time made their claim pretty thin.

Regardless of what the whacky boneheads of the 9th circuit have ruled, Para. C of Section 809 is what you must use as YOUR basis. That court hasn't had 27 of its 29 decision OVERTURNED for nothing !!

Para C CLEARLY states that you NEVER lose your right to demand validation. A collector who hangs his hate on the Mahon case is barking up the wrong tree and certainly hoping that it will put people off. If you understand that case, and how stupid the Mahons AND their lawyer were, then you know that these collector's reliance on that case is garbage !!!




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