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Too late to send a debt validation letter for a collection?

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mrryanspace



Joined: 09 Oct 2009
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Posts: 4



111 Magic Points

Subject: Too late to send a debt validation letter for a collection?
 
Posted on Tue Oct 13, 2009 8:41 pm  

Hi,

So I made arrangements over the phone to make payments on a credit card bill (scare tactic worked). I found out about this forum afterward, so now I am trying to make use of my rights.

This account is 9 months delinquent, but I made contact with the CA over the phone about 21 days ago. They have been sending letters to an old address (I think prior to when I made phone contact and definitely after phone contact), so I have no paper copies regarding the account. I am scheduled to make a payment in a few days (in a three-part payment plan totaling about $2500), but now I would like to validate the debt first. I'm planning on calling them later to cancel the payment and explain I am going to send a DV letter so they don't take legal action.

My question is whether it is too late to do so considering I spoke with the CA for the first time about 3 weeks ago, but I am assuming they sent letters to me at an old address for over 30 days now. Should I mention to them that I'm sending a DV letter? I am hoping they just don't respond to it.
mrryanspace



Joined: 09 Oct 2009
mrryanspace's page
Posts: 4



111 Magic Points

 
Posted on Wed Oct 14, 2009 6:08 am  

One more question. I know I'm supposed to send the DV letter within 30 days of initial contact (we had initial contact over the phone), so will I be within the 30-day mark if it is postmarked before 30 days, or does the CA have to receive within 30 days? Is it 30 business days (M-F) or just 30 calender days? I would like to avoid next day mail.. plus the CA only gave me a PO Box for a mailing address.
Justin

Justin

Joined: 17 Jul 2006
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Posts: 1238



28944 Magic Points

 
Posted on Wed Oct 14, 2009 7:29 am  

Hi mrryanspace,

Legally, it is too late for you to ask for validation. But I think you can still do it, since they have been sending all the intimations to your old address. You can try to send a debt validation letter stating that you did not receive any written intimation. Do not pay any amount on the basis of a phone talk. Whenever you decide to pay a collection agency or creditor, you should always have the required documents in writing so that they are not able to harass you in future.

I don't think they can take any action against you since a debtor has a right to validate the debt. Besides, you do not have anything in writing, it is a phone conversation. So, if they have not recorded it, then they do not have any proof. You are also saying that you have spoken to the CA about 21 days ago, so then you still have time to demand debt validation. You have to ask for validation within 30 days, that is 30 days from the day you have sent them the request.
_________________
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Justin
mrryanspace



Joined: 09 Oct 2009
mrryanspace's page
Posts: 4



111 Magic Points

 
Posted on Wed Oct 14, 2009 9:33 am  

Thanks for your response Justin.

I am, however, a little confused by your answer as you say it is legally too late to ask for validation in the first paragraph and in the second paragraph you mention that I still have time to request a validation. I was under the impression that the initial communication was the first time I spoke with the CA on the phone (Sept 17), or is 1st communication whenever (if they ever did) they sent a letter to my old address that I never received? How would a CA even prove initial communication as I definitely didn't sign anything by certified mail? Even the statement they claim they sent me AFTER our first phone contact where I gave my updated address was sent to my old address. Am I no longer protected by FDCPA laws and forced to settle on the CA's terms?

By the way, are there any consequences for the CA to continually contact a parent for location information when they have already had numerous contact with me from my phone?

Thanks
mrryanspace



Joined: 09 Oct 2009
mrryanspace's page
Posts: 4



111 Magic Points

 
Posted on Wed Oct 14, 2009 10:38 pm  

Ok, an update to my situation. I called the collection agency stating that I was sending a debt validation letter today and requesting a suspension of scheduled payments.

The collection agent was very rude and refused to send "another" validation letter stating the company sent one on the 8th of September and it's past the 30-day window for me to request a validation. I stated initial contact occurred on the 19th of September and that I still was within the 30-day window. He stated that I was running out of time and that the next stage was for the OC's lawyers to possibly take action. He continually refused to send a validation letter stating that I was just stalling for time and that I had received the letter (it was sent to an old address) since the letter was not returned to them. He then kept asking if I was refusing to pay the debt, and I responded that I am refusing to pay until they respond to my debt validation letter to my current address.

Does this sound like familiar tactic by the CA? Am I in the right so far? How can the CA prove that they even sent me anything? It doesn't seem like they sent anything by certified mail.
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