Author Topic: Validation Violation  (Read 222 times)

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BigSal

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Validation Violation
« on: September 22, 2014 12:49:04 AM »
Sent a DV letter to a debt collector.  Yesterday, I received a handwritten envelope with just the return address of a PO Box that I googled as belonging to the debt collector.  It did not identify them by name or that they were a collector attempting to collect a debt.  There was no correspondence from them inside.  Inside was merely copies of old statements and an Affidavit of Fraud.  Their name was not on the affidavit either. 

I think there is a violation for failing to identify themselves and for lacking the mini-Miranda in this communication.  What do you fine people think?
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Mech85

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Re: Validation Violation
« Reply #1 on: September 22, 2014 05:14:56 AM »
Quote
I think there is a violation for failing to identify themselves and for lacking the mini-Miranda in this communication.

They don't have to put their company name in the return address. Most of them don't since it could violate 1692f(8 ).

You disputed the debt and their only obligation is to obtain verification and mail it to you, which they did. It doesn't say they have to include a message to you.

The mini-miranda says "this is a communication from a debt collector; this is an attempt to collect a debt." If they didn't send you correspondence or demand payment, why would that be needed?

Sounds like they just sent you something that you requested.


BigSal

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Re: Validation Violation
« Reply #2 on: September 23, 2014 11:51:32 PM »
They don't have to put their company name in the return address. Most of them don't since it could violate 1692f(8 ).

You disputed the debt and their only obligation is to obtain verification and mail it to you, which they did. It doesn't say they have to include a message to you.

The mini-miranda says "this is a communication from a debt collector; this is an attempt to collect a debt." If they didn't send you correspondence or demand payment, why would that be needed?

Sounds like they just sent you something that you requested.

Because the FDCPA requires such a statement in any communication within the meaning of the act.  See sec. 807

A communication is the conveying of information, directly or indirectly, regarding a debt according to the FDCPA.
« Last Edit: September 23, 2014 11:56:28 PM by BigSal »
If you need legal advice, go see a lawyer.

gowyo

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Re: Validation Violation
« Reply #3 on: September 24, 2014 12:03:04 AM »
What the heck is an Affidavit of Fraud? If they are trying to say you have committed a crime that is a violation of the FDCPA.
I am not a lawyer and most likely a crackpot.

BigSal

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Re: Validation Violation
« Reply #4 on: September 24, 2014 12:18:33 AM »
What the heck is an Affidavit of Fraud? If they are trying to say you have committed a crime that is a violation of the FDCPA.

It's a form affidavit they sent me with no name other than the OC on it saying either the debt is valid or that the debt is fraudulent and was not taken out by me.  I assume I would send it back to them.  There are no instructions on it.
If you need legal advice, go see a lawyer.

kevinmanheim

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Re: Validation Violation
« Reply #5 on: September 24, 2014 12:34:45 AM »
Federal law requires creditors to quickly investigate consumer fraud claims. Some OCs and CAs protect themselves by sending out a fraud letter whenever a consumer disputes an account.

arnanda

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Re: Validation Violation
« Reply #6 on: September 28, 2014 08:45:52 PM »
Old statements are an ok response.  They must include "this communication is from a debt collector".  They don't have to put their name on the outside.  They probably included those papers to see if you're still disputing. 
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