Validation period?

[Anonymous]

I have someone listed on my husband's CR refusing to send DV, claiming that it is past their 45 day validation period, and since we are outside of that they will not validate the debt.  She also said that they mailed us a letter on the 14th stating that.  Is that legal?  Also, we have never received a statement from them, or heard from them at all.  She listed the 2 address that she had on file, and my husband moved away from there 6 years ago.  That is the address they have been sending everything to.
Jennifer

Message Edited by djactenaz on 09-18-2007 12:53 PM

[Anonymous]

If you received a letter from them regarding the debt when they first purchsed it, then she is correct. However if you never received anything from them in writing, the 30 day period hasn't started yet.

Rob

[Anonymous]

Be careful. Depending on your states SOL they may file suit to ensure they can collect.

[Anonymous]

I velieve we have a 4 year SOL here (Cali), but no, we have never received anything from them in writing.  She says that they have been sending everything to the address my husband moved away from 6 years ago.  They did send the letter explaining they are outside the validation period to our currant address, though. 

[Anonymous]

A quick CMRR w/ copies to CRAs and FTC stating that you NEVER received  notification of the debt you are requesting the DV should suffice.

If they sent you a letter to your current address, they should have been able to send the notification letter to you as well.

Tread lightly, the worst case could happen... They may sue.

Take Care.

Rob

[Anonymous]

Oh, I would LOVE for them to sue, as this if for a fraudulent credit card!  My husband NEVER had a Visa card, which is what they are claiming it is for.  Basically, I want to see credit card statements, signed cc application, etc, SOMETHING proving it is his card (which isn't possible, as he only EVER had a Discover card).  We only found out about this debt when our reports were pulled by a mortgage company 2 weeks ago.  But now that I'm looking around a bit, I see that this company (Arrow Financial) has some questionable collection practices....We only have about 6 weeks to get this taken care of (whether we pay it or it is deleted or whatever) before we are unable to obtain the loan we applied for.  Hopefully this'll do it.

Jennifer

Oh, and also, this account is from 2001, I believe, so are they still within the SOL to file suit in California anyway?

Message Edited by djactenaz on 09-18-2007 01:37 PM

[Anonymous]

At this point I would definatly not speak to them on the phone. I would respond with basicly what you have said here. You have not lived at the addresse they had on file and you never recived any notice of the debt. Demand they validate the debt within 30 days or cease all collection efforts to include reporting to the three CRA. Make them aware that you know your rights under the FDCPA, that the debt is beyond the SOL and that will be your defense if they try to sue and that you will be contacting the FTC and your AG. Remind them that their previous letter and all communication after they received your first DV is in violation of the FDCPA and you be keeping records in case any further acton is required.

[Anonymous]

This is what I show:

California Statutes of Limitation

Written agreements: 4 years, calculated from the date of breach.

Oral agreements: 2 years.