Re: HELP--CITI debt transfered to LTD collections

Posted by Grave Dave (63.228.54.243) on January 25, 2004 at 00:53:39:

In Reply to: HELP--CITI debt transfered to LTD collections posted by Sweetyb on January 12, 2004 at 19:52:45:

For one thing, look at your first letter from LTD and ask if it violates 1692g(a)(4). If my premonition is correct, it states:

"IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL: OBTAIN VERIFICATION OF THE DEBT OR OBTAIN A COPY OF A JUDGEMENT AND MAIL YOU A COPY OF SUCH JUDGEMENT OR VERIFICATION."

Notice that the FDCPA requires that the statement include mention of "the validity of the debt or any portion thereof." 15 U.S.C. Sect. 1692g(a)(4). LTD's validation notice suggests that you can "notify" them, and the question (arguably) remains: "Notify you of what??"

Taken in context, one could argue that the notice does not violate the FDCPA. However, it is a textual violation as it does NOT include the required statement mandated by 1692g(a)(4). I would be interested to hear WC's take on this (and excuse off subject).

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