What you should have done was send the request for verification to the debt collector attorney to which you referred in your question. The attorney is covered under the FDCPA. If that is who you sent the letter to, the attorney must cease collection efforts until the debt is verified.
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All the references to the 30 day period in the debt validation section of the FDCPA refer to the amount of time you have to demand debt validation. The…
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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. 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 …
Debt collectors often violate laws when attempting to collect, so our job is to protect your rights and to ensure you do not pay any debt that is not 100% valid. If your debts are not proven to be valid, you will legally not have to pay – regardless of whether or not you owe the money.
Under the Fair Debt Collection Practices Act (FDCPA), a debt collector must respond to a request for a debt validation letter. If they don't, they're in violation of the act. You can report them to your state's attorney general, the FTC or the Consumer Financial Protection Bureau (CFPB).Jan 3, 2022
If a debt collector fails to verify the debt but continues to go after you for payment, you have the right to sue that debt collector in federal or state court. You might be able to get $1,000 per lawsuit, plus actual damages, attorneys' fees, and court costs.
If the collection agency doesn't provide sufficient documentation within 30 days, the credit bureau must remove the item from your credit report. Continue to check your credit report, even if you don't hear from the bureau or creditor, to see if the item is removed.Apr 4, 2021
Does a Debt Collector Have to Show Proof of a Debt? Yes, debt collectors do have to show proof of a debt if you ask them. Make sure you understand your rights under credit collection laws.Feb 21, 2020
Do Debt Validation Letters really work? Yes, they do. When a debt collector receives a Debt Validation Letter, they are legally required to provide validation of the debt. Debt Validation Letter's work best when they include a cease and desist clause that forces a lawsuit.Sep 8, 2021
A debt validation letter should include the name of your creditor, how much you supposedly owe, and information on how to dispute the debt. After receiving a debt validation letter, you have 30 days to dispute the debt and request written evidence of it from the debt collector.
30 daysTwo, within 30 days of receiving this info, you must respond with a Debt Validation Letter disputing the debt and requesting the debt collector provide validation of the debt, among other things. If you don't send this letter, the debt collector will assume the debt is valid, and you'll miss a major opportunity.Feb 2, 2022
If you believe you do not owe the debt or that it's not even your debt, send a written request to the debt collector and ”dispute” the debt. You can also send a written request to the debt collector to receive more information about the debt.Feb 2, 2017
What Is a Debt Verification Letter? While a debt validation letter provides information about the debt the collection agency claims you owe, a verification letter must prove it. In other words, if the collection agency doesn't have enough evidence to prove you owe it, their hands may be tied.May 18, 2021
The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been ...Feb 14, 2022
The validation notice is meant to help you recognize whether the debt is yours and dispute the debt if it is not yours. The notice generally must include: A statement that the communication is from a debt collector. The name and mailing information of the debt collector and the consumer.Nov 30, 2021
If you're wondering how to win a debt collection lawsuit against you, here are six steps you can take.Respond to the Lawsuit. ... Challenge the Collection Agency's Right to Sue You. ... Hire an Attorney. ... File a Countersuit. ... Attempt to Settle the Debt. ... File for Bankruptcy.Jun 1, 2021
Five easy steps to become “Debt free”. 1) Learn the law through talking with a reputable debt counsellor. 2) Set a goal to be “Debt Free” within 12-36 months. 3) Utilize the right company to manage and guide you through the process. 4) Execute the plan.
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Debt collectors are required to validate the debt and send you verification within five days of their initial communication with you. The Fair Debt Collections Practices Act (FDCPA), section 809 ( Validation of Debts ), subsection a) lays this out clearly:
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: the amount of the debt.
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.
the amount of the debt. the name of the creditor to whom the debt is owed. 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. a statement that if the consumer notifies ...
Debt Invalidation is not a program, but instead a process that uses Federal and State consumer laws to make sure third-party debt collectors do not take advantage of you when collecting. Debt collectors often violate laws when attempting to collect, so our job is to protect your rights and to ensure you do not pay any debt that is not 100% valid. If your debts are not proven to be valid, you will legally not have to pay – regardless of whether or not you owe the money.
The Fair Credit Billing Act is an amendment to the Truth in Lending Act. It is part of the federal consumer protection law that protects you when billing errors occur.
According to the Federal Trade Commission, the particular provision of the FDCPA extending the right to dispute the validity of the debt is:
This disclosure explains that under the FDCPA, you have the right as a person in debt to essentially say “this is not mine”, “I don’t believe I owe this”, or “that balance is not correct.”
The purpose of this provision of the FDCPA is to allow consumers to set the record straight. If you are receiving collection notices about a debt you don’t owe, this is your first chance to put it to rest. This right is not meant to get you out of debt that you legitimately owe.
The specific language one should use when writing a debt validation letter is specific to the details of the situation.
If you are taking the time to write a letter to a collector, you might expect some sort of response. Per the FDCPA, their only requirement is to stop collecting until they can validate the debt. Assuming this is within that 30-day window, of course.
The dollar amount could have been "way off" because interest accrues at the credit card's outrageously high interest rate, and there also could be legal fees added in, because your credit card contract presumably included those as well.#N#You should allow 45 days from date of receipt to be on the safe side. Then check...
The provisions of the FDCPA regarding a debt collector's obligation to verify the accuracy of the debt they are attempting to collect does not apply to creditors. What you should have done was send the request for verification to the debt collector attorney to which you referred in your question. The attorney is covered under the FDCPA.
Unfortunately the "debt validation" provisions of the FDCPA have been so watered down by the courts that they are not of much use. Nothing happens if they don't validate, in truth.
1. No response. (in 30 days) This is a good thing. The same process as with the creditors applies, where it’s likely they don’t have any proof of your derogatory item or they just didn’t bother with responding. The next step is to send a follow up letter giving them 15 days to respond. 2.
2. Insufficient Response. Most often it is in the form of a ‘collection letter’ such as they may have sent you in the past; it just states what you owe and tells you to call them. Do not call them. Rarely do collection agencies have proof since the paper doesn’t usually transfer when debts are sold.