Re: Preemption provision of the FDCPA

Posted by Why Chat (12.78.13.130) on February 14, 2004 at 15:20:07:

In Reply to: Re: Preemption provision of the FDCPA posted by Bob3 on February 14, 2004 at 13:39:40:

If you are within SOL, you should not (in my opinion) dispute or request validation unless you ARE a victim of ID theft. If you are beyond SOL, then the SOL letter, is, in my opinion, better than any validation letter as you are DISPUTING their right to collect or to have any collection activity, including reporting.

In that case, you are saying "This is not a refusal to pay but a DISPUTE of your CLAIM".

This way, you do not fall into their trap of being a "deadbeat" who is admitting the debt and refusing to pay, and trying to get an entry removed from their reports.

The "validation" requirements in the FDCPA were designed to prevent collection activities on accounts which were NOT the account of the person being dunned. The "validation" techniques to obtain credit repair, may work, but only because the CA's are bullies and cowards, not(in my opinion) because they are of any intrinsic value.

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