Re: LadynRed- I have a question-last one!!!

Posted by LadynRed (199.91.33.254) on October 23, 2003 at 15:42:46:

In Reply to: Re: LadynRed- I have a question-last one!!! posted by M on October 23, 2003 at 15:18:30:

Ok there's 2 things going on here.

1 - YOU are allowed to request validation AT ANY TIME, you are NOT limited to 30 days given in the collection letters. All that means is that if you don't dispute within those 30 days THEY ASSUME the debt is valid and continue collection activities. You NEVER lose your right to request validation, ever.

2 - THEY do not HAVE to provide validation when you ask for it, they can re-sell the debt, send it back to the OC, whatever, but no matter what, they MUST CEASE COLLECTION activities on the disputed debt. So, if you send a validation letter, and you get the green card back showing they received it, from that day forward, they cannot call you to demand payment, they cannot send you any dunning letters, they cannot report any further information to the credit bureaus UNLESS and UNTIL they DO properly validate.

It seems a little hairy, but its not. If they're going to refuse to validate, then they HAVE to stop all collection attempts - period. They have no time limit in which to provide validation, the 30 days is a limit that WE impose, not the law.

The key is cessation of ALL collection activities - and marking the debt as in dispute.

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