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Confused on the Thirty Day Deadline issue?


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81 replies to this topic

#76 MaAsh

MaAsh
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Posted 04 January 2013 - 11:39 PM

Newbie with lots of questions. I've been reading and reading and I am going in circles.

I have a CO from 8/2011. I don't recall ever getting written ntoice from the CA, only from the OC. I pulled all 3 credit reports and scores today. I found my credit scores to be: 688, 693 and 688. The CO is the only KD. I have a few 30 days late payments but otherwise, a good credit history.

I dispute the validity of the CO. Should I direct that to the OC or to the CA?

The CO is related to a contract I signed in nursing school. The contract states that I must "fulfill employment commitment after graduation". It does not specify a timeframe that constitutes the employment commitment. I did obtain employment with that company in accordance with all other terms of the contract and was employed there a little over two years until I left to purse another opportunity. Because no timeframe is specified in the contract or promissory note, I contend that I met all the terms and should not have been charged with this debt.

My questions are, If I DV this CO with the CA

1. Is that the correct place to start (as opposed to the OC, my former employer)

2. What do they have to prove to validate the CO? Basically, I would be asking them to agree that I met all the terms of the contract as I was employed and no timefram for employment was ever defined in the contract or promissory note (the only documents I signed).

3. What happens if the CA can validate the CO? Do I enter into negotiations for settlement?

Any help is greatly appreciated!!!!






#77 Phreedom

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Posted 07 January 2013 - 11:01 AM

Obviously you have a contractual issue with your former employer and hopefully you have a copy of the contract. If it doesn't specify a time length then the law is on your side.

If you haven't disputed many things with the CRA's, the chance of it being deleted upon first dispute are pretty good. You could also do the 1-2 punch but understand, sending the CA a DV letter will definitely wake them up and they may try harder to collect from you. Note sure if you are within SOL or not, you should determine that as well.

Additionally, if you are open to paying the debt, you could also consider a pay for delete agreement with the CA.

#78 kyflgirl76

kyflgirl76
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Posted 07 January 2013 - 08:50 PM

Newbie here - I apologize if the question I'm about to ask has already been answered, but there is just too much info to search through.

I'm trying really hard to rebuild my credit and it's now making me question how I handle every debt. I just received an initial collection letter from a CA for a debt I probably owe that is within the SOL....barely. If I wait until they are out of the SOL I will be out of the 30 day window though. (There are some items I could probably dispute, but the debt is low - only $160, so I'm wondering if it's better to just pay it.) Since I'm within the 30 days if I could DV, however, the debt is not yet on my CR...so my questions are:

If I pay the CA, can they still report the negative debt on my CR, since by paying the debt I'm "validating" it?
The collection letter offers me the option of a 20% discount on the debt if I pay within the 30 days. If I pay that, will they still report on my CR, and if so, will it show up as a partial payment or "settlement"?
If I DV and they validate the debt, will I lose my chance of paying the debt and it possibly not being reported on my CR?
Last, I have a much older, larger debt ($600) with the same CA that is out of the SOL, that I planned on letting fall off my CR. I'm worried no matter what I do, I risk waking a "sleeping giant".

Any advice on how to handle this? :)

#79 access

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Posted 31 January 2013 - 08:10 PM

if i send a dv letter to a ca outside the dunning 30 day's can they still verify with cra's.

 

does the 1-2 punch only work inside the dunning 30 day's



#80 Csx Conductor

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Posted 04 April 2014 - 12:57 PM

If you missed the first 30 day window and they send you another letter for lets say settlement, does that start the 30 day window over  



#81 rslifkin

rslifkin

    Joseph C unchained

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Posted 04 April 2014 - 06:53 PM

If you missed the first 30 day window and they send you another letter for lets say settlement, does that start the 30 day window over  

 

What if I Got slack and missed the 30 days?
All is not lost. You can DV ANYTIME. However, outside the 30 days, they do not have to respond, nor cease collections. (I have DV’d several past the 30 days and found that 98% still send something).

 

You can still DV and 1-2 punch them. sir. If they didn't have anything then, then they likely don't have anything now.

 

As to the "settlement" letter, that to me would seem like a bluff, and yes I would DV them.

 

My Best Method:
Send a DV within 1-2 days of getting the First dunning letter, CM-RRR. Once they get it, they Can’t legally report if they haven’t already. I have beaten many CA’S to the reports so to speak.


#82 tophie

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Posted 04 April 2014 - 09:41 PM

The FDCPA is amazing.  Most debt collectors feel that the consumer is ignorant to the FDCPA.  I wish that debt collectors had to disclose the FDCPA to all consumers prior to attempting to collect a debt.  LOL.   Certified Mail, Return Receipt will become your best friend and of course make the paper trail.  

 






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