Re: So what do we do once the CA refuses.

Posted by LadynRed (68.52.43.214) on March 21, 2004 at 10:53:00:

In Reply to: So what do we do once the CA refuses. posted by Marc on March 21, 2004 at 10:22:14:

The CA is WRONG ! There is NO restriction on asking for validation, you can ask for it ANY time, not just in the initial 30-day period. This seems to be a recent tactic, I've seen many posts of the same thing.

The FDCPA does NOT force a CA to validate. In fact, they NEVER HAVE to validate, but they DO have to CEASE ALL collection activities until the DO validate. If the refuse to validate, AT ANY TIME YOU DEMAND IT, then they STILL MUST stop trying to collect - permanently if they refuse to validate. THAT is what you must use in your defense. The 30-day 'limit' ONLY means that if you don't dispute in the 30 day initial period, the CA can then ASSUME the debt is valid and continue collection activity. It is NOT a limit on your legal right to demand validation.

FDCPA:

" 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(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. "

Note paragraph C. Validation is intended to minimize error in collection when a person is misidentified or a victim of ID theft. A person that is being harrassed for a debt that is NOT theirs, may not have EVER gotten any 'initial' letter with the 30 day notice. The FDCPA allows for a person to demand that the collector PROVE that the debt is actually theirs.

Follow Ups:

Post a Followup