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Hi
My husband has the same story as many of you--after a while of not hearing anything a collection for ATT shows up on your credit report. Based on my reading here, my advice is that he call ATT and pay them, requesting a PFD. However, he says it's shenanigans and he won't pay them because it's made up. I don't have time to argue because at this moment all I care about is upping our credit scores. I'm thinking that the best approach now is to send a debt validation letter....although I've read on here that that can shoot you in the foot. Any ideas? Much appreciated.
A debt validation letter that is sent under the provisions of the federal FDCPA, which applies to all, has timeliness requirments, and addtionally, even if timely, does not compel a response withni any period.
It's effect, if timely (meaing sent within 30 days after receipt of their initial dunning notice), is to impose a cease collection bar, which remains in effect until the debt collector chooses to send validation. If they choose to cease further active collection activities, they are not required to send any validation. So you are in limbo until they send validation.
However, some states, notably TX, CA and NY, have enacted their own form of debt validation that does at least require a response from the debt collector within a certain period, although that response still may not mandate any validation, and may not have a timeliness period. It may impose additional requirments beyond a cease collection bar, such as is the case in TX, where lack of validation within 30 days mandates deletion of their reporting from your credit report until the validation is ultimately sent.
Thus, sending of debt validation is becoming more of a state regulated matter than a general matter under the FDCPA.
What is your state of residence?
Luckily Texas! I guess this is in the Texas Finance Code? Hmm, I saw a TX debt validation letter somewhere on these boards. I appreicate your response!