I was receiving annoying calls from a collection agency and I wasn't sure who they were collecting for, so I sent them a debt validation letter (November 2009). They just sent me the requested validation letter (January 2010) and I noticed that the debtor that they are collecting for was purchased by another bank more than two or three years ago. This other bank is the last known debtor, and therefore (to the best of my knowledge) the agency's listed client for this debt may not be correct. What should I do? Also, I thought that the collection agency was also bound to the 30 day follow-up to a request for debt validation; because I sent a certified letter to this agency and it took them considerably more than 30 days to respond to my request, is there something that I could/should do about that as well?
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A validation debt letter
Hi stephaar,
Their is no such rule mentioned under FDCPA, that the CA will have to answer back within 30 days of your request of validation, so I am afraid you can do nothing about it. Most of the people get this wrong. The rule is that you will have to dispute the debt within this time period.
As for the debt, as you don't owe it, first call the CA and let them know that you are not the supposed debtor according to the information in the letter. After this if they don't comply to your request mail them (certified mail) a cease and desist letter. mention that if they don't stop harassing you you can sue them under FDCPA rules.
Hope this helps.
Thanks,
Aaron
The rule is that that the collection agency must cease collection agency until they validate. so if they were calling you in the meantime that is a violation.
so what state do you live in? what kind of debt is this? these factors may effect whether you have to pay this.
there is no time limit
FDCPA Section 809. Validation of debts [15 USC 1692g]
(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.
this is the relevant section pasted above. THERE IS NO TIME LIMIT!
Ok, so the appellate law has held that reporting a collection account to the CRAs is a collection activity and the CA must delete if they don't validate