Collection Dispute Letter NEED HELP

[jessetsi]

I sent a dispute letter to a collection agency that claims they had already notified me and it was past my 30 days to dispute the collection.

I need help writing back to them explaining that I never got a notice in writing. I have had calls from them, but I never received any physical mail from them.

Can someone with experience Advise me on what to write back to them?

Thanks!

[Trish]

WTH?
That's nuts. What exactly did you send them? Did you keep copies and send it CM by chance? I would really like to see what they wrote you back.

You ALWAYS have the right to request validation of a debt. What you can do is send a second DV letter (there is an example of a DV2 in the beginner's thread) but you need to modify it and state some FDCPA laws......

If there is any way you could post the letters (be sure to leave out personal info).........that would just make it easier to figure out what needs to be said in the next letter. They may just be in violation.

[jessetsi]

To be honest, I sent the letters the day before I became a member of this forum and I did not send them Certified Mail I knew in the back of my head that it would be beneficial, but with 10 letters going out, it was a little out of my price range.

Here is a brief description of what I asked them to give me:
1)What the money you say I owe is for;
2)Explain and show me how you calculated what you say I owe;
3)Provide me with copies of any papers that show I agreed to pay what you say I owe;
4)Provide a verification or copy of any judgment if applicable;
5)Identify the original creditor;
6)Prove the Statute of Limitations has not expired on this account
7)Show me that you are licensed to collect in my state
8)Provide me with your license numbers and Registered Agent


Here is what they sent back to me today (4 days after I sent their letter):
The Law in these situations is United States code Title 15 chapter subchapter V, & 1692 which reads the follows:
(I am editing it to make it super short and easy to read)

If the consumer notifies the collector within 30 days as described in section (a) that any portion of the debt disputed shall not be collected upon until the debt collector obtains verification of the debt or a copy of the judgement and sends it to the consumer.

As more then 30 days have passed since the first notice was sent, in view of the statute, we decline to retrieve any more information and are under no obligation at this time to comply with your request.

Please contact me directly if you want to resolve your obligation.
____________________________________________

What should I send to them? Should I ask for the certified mail receipt that shows they notified me, and that it has been 30 days since the notification?

Is there any pre written letter for this situation?

I want to get them soooo bad now!

Thank you! (Ps. I am in Washington State)

[Trish]

You're going to have to modify a DV2 letter to fit your situation. Here is an example.....you can still write that you contacted them, you just won't have the CM proof.

Yes, I would ask for proof that they sent you something.....
And also I would quote a couple of laws......letting them know you're not an idiot. :rolleyes: AND......then also let them know that you still expect to see proof of the debt.
I believe that by the CA acknowledging your letter.........that at least gives you "some" proof that they did receive an initial letter from you. So that may help you if it were to come down to it.

I'm going to go get some sections out of the FDCPA just so I can show you.......and/or you can use them for reference in your letter if you want to.
Even if you don't quote the statutes, you should at least let them know they are in violation.

I will try to come back soon with some more info......

[Trish]

FDCPA

Section 809 - Validation of Debts

(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. Collection activities and communications that
do not otherwise violate this title may continue during
the 30-day period referred to in subsection (a) unless the
consumer has notified the debt collector in writing that the
debt, or any portion of the debt, is disputed or that the consumer
requests the name and address of the original creditor.
Any collection activities and communication during the
30-day period may not overshadow or be inconsistent with
the disclosure of the consumer’s right to dispute the debt or
request the name and address of the original creditor.



(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.

Now, I don't know if they put the entire paragraph in your letter.....but from what I understand, the whole "30 day" time frame that they are trying to use.........is merely stating that you have 30 days to respond with a dispute and IF you do not respond within 30 days of their initial collection letter, they can continue collection activity. NOWHERE does it say that if you don't dispute it, you lose your right to validation.

Also the second paragraph is just to let you know.......that even if you didn't dispute it in a timely manner........that doesn't mean you're admitting it's your debt.

So, look over that letter.......and then change it around to fit your situation a little bit.... then if you want to you, you can post it and we can critique it for you.

[chane]

I've seen this before actually. Some CA's think that you have 30 days to dispute a debt from the time they contact you about it and if you don't dispute it within that 30 days you're giving up your rights to dispute it and you're admitting that it's yours.

I think CAs misinterpret the law for their benefit. CRAs do the same thing.

I agree 100% with what Trish says here:

the whole "30 day" time frame that they are trying to use.........is merely stating that you have 30 days to respond with a dispute and IF you do not respond within 30 days of their initial collection letter, they can continue collection activity. NOWHERE does it say that if you don't dispute it, you lose your right to validation.

Also the second paragraph is just to let you know.......that even if you didn't dispute it in a timely manner........that doesn't mean you're admitting it's your debt.

They are twisting the law to make it seem like you have some how given up your rights permanently because you missed that initial 30 day time frame which is complete bullshit. Save that letter for the FTC! That could end up being a gold mine for you (and other consumers). That could possibly shut them down. I mean, how many other consumers are they telling that shit to?

I would ask them to show you exactly which law and which section of that law they are getting that from and like Trish said, let them know that you're not an idiot by showing them the section of the FDCPA that you are talking about which gives you the right to request validation anytime you want.

Keep a paper trail from here on out!

[jessetsi]

Thank you both for helping me out with this. I will post my letter on this thread before I send it out tomorrow.

Your support is greatly appreciated!

[wildearp]

I Am So Sick Of Debt Collectors Is There Any Way Possibly You Can Help Me Every Time I Move There Is Something Or Some One I Dont Know About Wanting Money I Am So Tired Of Renting I Just Want To Buy Me A Home That I Can Live The Rest of My Life In And Then I Cant Get No Loans Or Morgates Because There Always Some Stupid Collection Agency Wanting Money That I Dont Have And That I Dont Owe And I Want Rid Of These Collections On My Credit Report Is There Any Way At All You Can Get Rid Of These Collections For Me And Have Them Clear Up My Credit Report? :confused::mad::huh::eek: