Told we're protected, but not sure....

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kizmit116

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809. Validation of debts [15 USC 1692g

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

We are wondering if the above law relates to our situation. We received a letter from our former Apartment complex regarding some charges for cleaning. We denied those charges, and they sent our account straight to a collection company (that is a separate matter we are working on). When the collection company contacted us, we responded to them with a letter and photos, stating that we disputed the claim. This was in November of 2006. We hadn't heard anything, until last week when we received a letter from the collection company stating that the apartment complex would deduct a certain amount from the balance, and if we didn't pay them by 3/31, they would send this information to the credit bureau. Since we informed them that we disputed the charges from the apartment complex, they have not sent us anything as a verification of debt – they restarted collection without sending us anything more than a letter stating that they were restarting collection activity. Someone directed us to the statute (?) mentioned above, but before we did anything, we wanted to make sure that it even addressed our situation. Thank you for your time.
 
Standard answer on expired SOL (statute of limitation) and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

Validation letters:

http://forum.freeadvice.com/showthread.php?t=353111

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

http://forum.freeadvice.com/showthread.php?t=293829
 
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