No 30 Day to DV Notice?

[PinkFender]

Hello,

I'm trying to help my brother with his credit (It's pretty bad it looks like a debt bomb went off in there) he just received a letter from Afni saying that they are trying to make "another attempt to contact" him about a debt he supposedly owes. Although my brother says he has never received a letter from them before. They're also saying that they'll settle for half of the amount due.

And there is no note anywhere on here that says he has 30 days to dispute it.

 

I want to go ahead and send in a DV letter anyway, but I wanted to make sure I'm doing the right thing because seeing as it isn't my credit I'm not as willing to try anything drastic without making sure it's the right thing to do.

 

So is it okay for me to send a DV letter for this? Thanks in advance!

[LadyRelm2]

I'm trying hard to remember for sure, but I don't think a CA has to put a "30 days to dispute" notice on any letter but their first contact with someone. They DO have to put other "mini-mirandas" on there such as "this is from a debt collector..." yadda yadda.

 

If I were your brother, I'd write them a letter and state something to the nature of:

 

"I am in receipt of your letter on x/x/xx. This is the first time I have received any communication from your company in regards to this alleged account. As initial communication, I am executing my rights under FDCPA to notify you that your claim is hereby disputed. While this is not a refusal to pay, I would like validation from your company in regards to this account and my alleged responsibility to it per FDCPA."

 

Don't forget to include a limited C&D in the letter.

[PinkFender]

Thank you very much!

[cinnamngrl]

Hello,

I'm trying to help my brother with his credit (It's pretty bad it looks like a debt bomb went off in there) he just received a letter from Afni saying that they are trying to make "another attempt to contact" him about a debt he supposedly owes. Although my brother says he has never received a letter from them before. They're also saying that they'll settle for half of the amount due.

And there is no note anywhere on here that says he has 30 days to dispute it.

 

I want to go ahead and send in a DV letter anyway, but I wanted to make sure I'm doing the right thing because seeing as it isn't my credit I'm not as willing to try anything drastic without making sure it's the right thing to do.

 

So is it okay for me to send a DV letter for this? Thanks in advance!

 

it seems like they are trying to assert that this is not your brother's first notice of the debt going to collection and he therefor deprived of a right to DV them. I would agree with ladyrelm's suggestion to send a DV letter that states that you consider this your first contact. you can always ask for any available proof of prior contact. The limited C&D has no force of law but you can try it anyhow. Asking for half seems to imply that they are not in a strong position.