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Overshadowing Questions  
Old 01-25-2007, 02:24 PM   #1
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My question is overshadowing validation rights verbally ever been established?


Point in case. They mailed a validation letter dated 1/18/07 and they called me today (1/25/07). I was sitting on the validation letter until the last day to request validation. The collector(s) I spoke with told me that I have had over year to dispute the balance and now was not the time to dispute the balance they claim I owe. They also told me I have no basis to dispute the because I am not sure of what the balance should be and the reason it is so high is due to collection cost and late fees. They also said I was out of time to request more information or dispute the balance.

Of course I have this preserved in an indisputable format.

So I guess my question is the only references to overshadowing I have ever seen have been on the collection letters itself. Is it technically possible to overshadow validation rights verbally? I have two calls with three different people doing this. They called me on the first call, I called back to speak with a supervisor and he did the same song and dance. Also no mini miranda on any calls. They also did not attempt to verify that I was indeed the correct Pandmel they were trying to reach.

I have sent my validation request/balance dispute.


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Old 01-25-2007, 02:53 PM   #2
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So they said on the phone you had one year to dispute?

I dont think that is overshadowing but it is false and misleading, which is also a violation.

I am confused on overshadowing but think that is telling you you must pay a debt within say 15 days but you have thirty days to dispute.

This is the opposite and a trick designed to cause you to dispute outside of the 30 day window, thus losing your rights.
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Old 01-25-2007, 03:04 PM   #3
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Quote:
Originally Posted by spinn View Post
So they said on the phone you had one year to dispute?
The implication was now that it was placed with them I lost my right to dispute the balance. I have had the last year to dispute the balance with the OC and now that it was with them the balance is what it is.

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