Validation of debts (809)

[Anonymous]

Hello Everyone:

I am trying to understand debt validation according to FDCPA 809 and I need your input.  A previous posting said that CA is not required to answer a validation request in (30) days.

Is it true, that in (5) days after initial communication (Dunning letter, phone call) that CA is required to send the consumer a written notice containing the amount of the debt and the name of the creditor to whom the debt is owed.  This information is all that is needed for validation of debt.

Is it also true, that within (30) days the consumer must notify the CA that the alleged debt is disputed, and the consumer may request the name and address of original creditor.  Upon this communication the CA must cease collection of the debt until CA provided verification of the debt and mails this information to consumer.  That is my understanding of FDCPA 809.  What is your understanding?

My  CA refused to accept my DV letter CMRRR.  My letter was returned to me with Refused on envelope. IMO, I

believe this is in violation of FDCPA 809.  What do you think?  When do you contact CRAs to dispute inaccurate

info on CR?  Waiting for your inputs. Thanks.

[Anonymous]

I would think it was a violation also. 

Are you sure the address it went to was actually the CA and not another business?

[Anonymous]

Yes, the address was corrected.  I even contacted my state consumer affairs office and received the same address on CR and the owner name of CA.This is the same office that checks for license of CA. Thanks for answering.

Both DV letters were refused.

[Anonymous]

Do you think I full understand the debt validation 809?

[Anonymous]

Send them a second DV and see what happens. 

If it is the same thing send a copy of both letters and copies of the green cards to the CRA, along with a letter stating you tried to validate according to FDCPA 809...... and they refused to do so.

[Anonymous]

I will do just that Guiness56.  I wonder if I should wait until 30 days before contacting CRAs. Thanks

[Anonymous]

As soon as you get the green card back, if they refused, I would send it to the CRAs then.

[Anonymous]

Technically a DV does not require a CMRRR.  However this is your proof of delivery.  There are other "legal" methods of delivery, such as fax.

I would send contemporaneously by regular mail, CMRRR and fax, each indicating the other methods of transmission.

Go to the post office, send the Regular Mail by Priority Mail, Delivery Confirmation and purchase your postage from the post office.  Delivery confirmation does not require a signature, but it does provide a proof of delivery, date and address delivered to.

Keep your CMRRR, your delivery confirmation and postage receipts as well as your fax confirmation page showing successful transmission.

1.  Yes, within 5 days of contacting you the CA is required to send you a notice of collection which provides the amount, OC, etc.  It also requires disclosures such as your right to dispute or request validation within 30 days.

2.  FDCPA does require the CA to cease collections until they validate.

3.  The notice of collection is not a validation, it is a notice of collection and your right to dispute as well as their obligation to validate.

4.  Reporting, updating or adding any information to CRA's during the validation period, except "Consumer disputes" is in violation of FDCPA.

5.  The CA may ignore your DV request, but they must then cease collections until they do validate.

[Anonymous]

thanks for info Guiness56 and txjohn.  I will update when I get results from CRAs.

[RobertEG]

I agree with all that has been said, and would only add that you have a legal right under FDCPA 809(b) to file a request, in writing with the CA. Keep your refusal by them to accept it.

There is no court in the US that would not look at this as an illegal attempt the the CA to abrogate their obligations under the FDCPA.

I would wait a bit.  If they have any further communication with you, I would consider fiilling legal action against them for blatant disregard of the FDCPA.