Does the FDCPA still apply?

Submitted by girloduval on Thu, 04/16/2009 - 12:44
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Credit repair

Under the FDCPA section 809 (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,)

What if I didn't send the letter with in this 30-day period? I have no clue when this creditor sent me a first notice. If I send my request for validation much later than the original 30 day period, does the creditor still have to stop with all collection activity until they satisfy the request for validation? Does the rules to the FDCPA still apply?

carol

If you do not ask for debt validation within the 30 days period then it will be considered that you owe the debt as per the Fair Debt Collection Practices Act and the creditor can start the process of collecting the debt. Can you tell me whether the debt has already been reported in your credit report or not?

Fri, 04/17/2009 - 07:11 Permalink
girloduval

Yes, it has been reported. Can I still go along with the DV letter process?

Fri, 04/17/2009 - 12:14 Permalink
Justin

Yes, even if the debt had not been reported to the credit bureaus, you should ask for debt validation whenever you receive a collection notice and that too within 30 days of receipt of the notice. Now, since the debt has already been listed in your report, you should negotiate with the creditor for pay for deletion agreement once you get the debt validated from the creditor. If the creditor agrees to PFD, then the negative item will get removed from your report once you pay back the debt.

Mon, 04/20/2009 - 08:11 Permalink
fireyone

Make sure you get debt valadation. Soemtimes these places buy debt for pennies on the dollar but do not have the right to collect them. I would definatley try to get it taken care of just be sure to go through the proper process in doing it.
If you need help with a pay for delete letter there are sample letters here at the forum. Also be sure when yo do satisfy this debt that you save all documantation that you recieve from the collection agency.
Countless times people throw out all the documants after ssatisfying the debt only to find another collector trying to recollect the debt. If you have no proof then you could end up paying again. I am not saying this to scare you just trying to save you from troubles down the road.

Mon, 04/20/2009 - 10:16 Permalink
girloduval

I've been doing a load of research on date validation after the inital 30 day period, in other words I decided to take a look at my credit report and have found debts that I have no recollection of incurring. Some are years old, pass the SOL and soon to be falling off and others are not (fresh from being sold CA to CA). From reading the FDCPA, my rights ARE NOT covered when sending a DV letter because it's after the intial 30 day period and therefore the CA are not obligated to validate these debts. But the CA, having recieved a DV letter and in full knowledge that the debt is in dispute by the debtor they are required to report to the CRAs that the debt is in dispute. Am I correct in making the above statements? If so, what steps do I take next?

DV letter is only valid within the inital 30 day period

Wed, 04/22/2009 - 14:58 Permalink
scott

If the creditor sends you a collection notice, then you need to send the debt validation letter within 30 days from the date of the receipt of your letter, else the debt would be considered valid and you may be required to pay off the debt even if you do not owe it. However, there is no time limit prescribed for the creditor by which they need to validate the debt. The FDCP Act only makes it clear that the creditor cannot collect the debt until they validate the debt.
I think that you should dispute the debt directly with the bureaus. The bureaus will verify it and if found incorrect, remove it from your report.

Thu, 04/23/2009 - 08:10 Permalink
Manny (not verified)

the lenders or debt collectors may have sent you a VD notice through mail or whatever source in the past. can you still dispute that you did not receive, have no knowledge, this is really the first time you discovered that you owed this debt? I certified letter all my DV responses to lenders and collectors. They have no proof that you did not respond within 30 days let alone receiving such notice.

Sat, 07/18/2009 - 16:47 Permalink
Jesica (not verified)

I have a collection agency coming at me now for a debt with a date of delinquency of 04-06-98. Can they do this? This is in the state of California and has never been reported on my credit report. Can they now? They said in the letter today that their initial validation notice was mailed to me on 04-24-01. Regardless, hasn't the credit reporting time and the statute of limitations passed?

Wed, 08/05/2009 - 00:46 Permalink
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Mon, 08/04/2014 - 23:43 Permalink