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"Creditor" not picking up Validation letter

Date: Wed, 08/24/2005 - 10:29

Submitted by Sydney078
on Wed, 08/24/2005 - 10:29

Posts: 6 Credits: [Donate]

Total Replies: 7

"Creditor" not picking up Validation letter


Regarding topic http://www.debtconsolidationcare.com/forums/pay-offdebt.html

I sent the "creditor" a debt validation letter on Aug 15th and have yet to have anything mailed to me regarding the validation.

They continue to call my house and place of employment wondering when the soonest time I can pay this debt off.

I did a signature confirmation on the debt validation letter which was attempted to be delivered on Aug 17 and a notice waiting at the "creditors" office, but it has yet to be picked up. I sent the letter to the exact same address that was listed as the lawyers mailing address on the letter they sent me regarding this debt.

What is my next step in dealing with this issue?

Thanks for any advice


Hi Sydney078

The creditors are not required to call you as you have already sent the debt validation letter in writing.

If they are not validating the debt, it may be a violation of the Consumer protection afforded by the FCRA under Section 623.

You can wait for some time and if required consult your attorney. But make sure that they do not keep any oral communication with you.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 08/24/2005 - 11:08

( Posts: 4009 | Credits: )


Hi Sydney078,

Debt collector should send you the positive proof that you really owe the debt to them, describing all past details of the account. If the collector cannot verify the debt -

    ??? they cannot collect the debt
    ??? they cannot contact you for the said debt
    ??? they cannot report it to credit reporting agencies, otherwise it will be considered as a violation of FCRA and fdcpa allows you to sue them for violating the act.

So, keep all the documents that can prove you really tried to communicate them and it's their negligence that they did not reply.

You can also hire a lawyer for more help.

Regards
Bryan


lrhall41

Submitted by 4u.bryan on Wed, 08/24/2005 - 22:22

( Posts: 819 | Credits: )


Hi Bryan, I have a question along this line. If a collection agency obtains your account, and its in the very beginning, where you just received the first letter from them stating the 'unless you notify this office within 30 days, we'll assume the debt is valid' deal, are they NOT suppose to contact you during that 30 days???????
I have an account that is getting passed around like fried chicken on the dinner table---these people just got the account, they sent me the letter, in the meantime, they're calling my house five plus times a day. I was under the impression that they're not suppose to contact you during that 30 days???
also, I sent them a validation request and a 'NO PHONE CALLS' letter. They haven't had time to receive it, but once they do, they're not suppose to contact me until they give me validation-correct?? and they definitely shouldn't be calling me since I put a no phone call letter on them.
If I am wrong, please set me straight. thank you so much. You guys here are awesome and I have learned SO MUCH!!! shirley


lrhall41

Submitted by imkimssister on Fri, 08/26/2005 - 10:22

( Posts: 1301 | Credits: )


Shirley, under the Act of debt validation as per [15 USC 1692g] a debt collector is required to notify the verification after the initial communication in connection with the collection of any debt when it is disputed. They are NOT required to contact through phone during the verification period.

Any such illegal activity which implies force by the collection agency should be reported to the FTC and should be dealt legally.

Shirley, you are not wrong anywhere in your moves and you should use your consumer rights wherever required.

Regards
Roxette


lrhall41

Submitted by roxette on Fri, 08/26/2005 - 12:39

( Posts: 4009 | Credits: )


Just wanted to update- As of yet this company still has not picked up Validation letter. I still have my receipt for the signature confirmation and also Print Screened the UPS site that shows the law office has yet to respond to the mailing notice that it needs to be picked up at the post office. They are still calling my home (going to the answering machine) and calling work. How do I go about contacting the FTC and showing them that I have been trying to contact this law office to take care of this debt if it is a valid debt?


lrhall41

Submitted by anonymous on Thu, 09/01/2005 - 15:48

( Posts: 202330 | Credits: )