07-01-2007 08:41 PM
On May 8, 2007, in response to your letter dated April 10, 2007, I sent your company a letter requesting debt validation in writing. I have yet to receive any written response from your company. Instead, on June 5, 2007 a gentleman by the name of Marvin Jackson ~ a debt collector for your company began calling; leaving messages for me to call him back ASAP. Mr. Jackson called my apartment complex leasing office and left a message stating that he had received my letter and needed to speak with me. He called my former employer, xxxxxxxx and left the same message and then he proceeded to contact my current employer, xxxxxxxxxxxx All of the messages that were left acknowledged receipt of my letter requesting debt validation dated May 8, 2007.
Please reference the following:
THE FAIR DEBT COLLECTION PRACTICES ACT
§ 809. Validation of debts
(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 --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) 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;
(4) 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 verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) 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.
(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.
(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.
On June 6, 2007 my wife, Kimberly xxxxxx, phoned Mr. Marvin Jackson back at the number he left. Mr. Marvin Jackson informed my wife that we had no other recourse but to pay the debt. A debt that I don’t know as to this date is valid. I have not accepted any phone calls from Mr. Marvin Jackson nor have I returned any of the calls. We continue to receive 2-3 calls each week at our home and several messages have been left with my employer.
I am requesting for a second time a debt validation in writing. Your repeated collection efforts constitutes a violation under FDCPA §809(b).
07-01-2007 08:56 PM
07-01-2007 09:36 PM
07-01-2007 10:28 PM
07-01-2007 11:55 PM
kims wrote:What can I expect as validation? Can anyone give me examples of what CA have sent you as validation of a debt? I know that there is nothing written in stone as to what constitutes "validation" but I would like to know what I should expect.
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