Anyone have input?

Question

I have been receiving notices for quite some time from a collection agency stating that I owe for a credit card. I have disputed this several times with nothing other than getting more notices.....So I sent a letter to them stating that I dispute this account and that I request validation of this account. They then sent a letter back to me stating that per the FDCPA I must request validation within 30 days of thier first notice. Well I knew nothing about credit reporting or collections or the FDCPA when I first received a notice many years ago, but my concern is how can they deny my asking for validation and send me a letter stating that they consider this valid and will continue to contact me even after I told them I dispute this and want validation?

Answer 1

Technically they are correct.

If it's your hope that by demanding they validate a debt, failing to do so will excuse it, then it won't work. That is not the purpose of the FDCA.

However, your not disputing it within the 30 day period DOES NOT mean you are admitting to owing the debt. That fact is clearly stated in the FDCA...

Section 809C of the Fair Debt Collections Act

(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.

The main use of demanding validation is to get any negative postings deleted from your credit report. It is illegal to post "unvalidated" information, therefore if they fail to do so but continue to post to your report, they are in violation of the Fair Credit Reporting Act.

Been there...done that...sued them for it and won.

The intent of the "30 day" period is to place a "stay" on the creditor and prevent them from starting collection actions against you until they validate the debt. Once that 30 day period is up, they may continue with collections (ie credit report posting, lawsuits, harrassment, etc...).

But it DOES NOT mean they can ignore a validation demand. You could also call it a "discovery" demand, where you want to see what evidence they have against you prior to a lawsuit. They will have to come off it sooner or later anyway.

Their failure to produce it probably means they can't properly document your debt.

Hope this clears things up for you.

Answer 2

it seems to me that they kinda got you there. since you didn't send the letter thinger when you got the first notice, then they kinda have you there. call the collection agency and dispute the charges with them. they'll be able to move your account to the Account Resolutions Team. they will look further into it and contact you with more info. DO NOT be harsh with the collections agent that gets your call. they are just doing their job. just tell the person that you are disputing the charges then tell them why. they may ask you if they can get their manager, LET THEM GET the manager! just be calm when calling. if you're not, that can wreck the agents day.