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  #1  
Old 10-23-2001, 01:06 PM
TxStep
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Question

Collection Agency Problem


Texas - I received a letter from a collection agency that I owe them for an outstanding balance on a cable TV account at my previous residence. I called them to get more information, because I believe this is incorrect, and they refused to give me any information. They said that since more than 30 days has passed since they acquired the debt, they have no obligation to verify it. I tried contacting the cable company, but they won't give me information because they turned the account over to a collection agency.

Is the collection agency required to verify the debt, or do I not have that right after 30 days has passed?

If they are required to verify it, how do I make them do so when they refuse?
  #2  
Old 10-23-2001, 04:51 PM
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Join Date: Jun 2000
Location: Somnambulist University
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Read the FDCPA (Fair Debt Collection Practices Act) at [url]http://www.ftc.gov/.[/url]

Start with "Validation of Debt". You will see that the 30 day clock starts when they contact you, not when they get assigned the debt.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 10-23-2001, 05:55 PM
TxStep
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OK. I read the section you mentioned. I understand when the 30 days starts. The collection agency claims they mailed me the letter that initiated the 30 day period, but I never got it. I believe they mailed it to my old address.

Regardless, the 30 day period is over now. The only thing the FDCPA says about missing the 30 day period is "(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."

This does not indicate whether or not I can get the debt validated at this point. How do I get the collection agency to look into this? Have I lost my rights to get this corrected?
  #4  
Old 10-24-2001, 10:04 AM
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Join Date: Jun 2000
Location: Somnambulist University
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Send the creditor a letter (certified RRR) asking them to validate the debt in accordance with the FDCPA. Include a provision that if they FAIL in responding within 14 days of receipt that that failure will be deemed as confirmation that the debt is NOT valid and will be removed from all records. (That provision may not stand scrutiny, but it puts them on notice AND could help if further action is needed).

Also, send a 'dispute letter' to any CRA (Credit Reporting Agency) that shows that debt. Ask them to investigate its accuracy and if not able to prove it, to remove it. This provision is provided in the Fair Credit Billing Act also at [url]http://www.ftc.gov/.[/url]
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 10-24-2001, 10:51 AM
TxStep
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Posts: n/a
Halket,

Thanks so much for your help. I will be sending a letter to the collection agency. As for my credit report, I have pulled all three. Although the collection agency says they have reported me to one of the three major credit bureaus, I do not see it on there yet. I will keep an eye on that for sure. Again, thanks for your prompt responses.
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