HELP! What to do when DVing after 30 days of first letter and CA assumes debt is mine?

[iltph]

I just received my first response letter in the mail in regards to a DV letter that I sent a few weeks ago. Everyone on these forums always says to DV a CA after the SOL, but according to the FDCPA the CA only needs to validate if the DV is sent within the first 30 days of the debtor receiving a letter about the collection (unless you live in Texas).

Just about all posts say that if you don't hear from them in 35 days you can send the GC to the CRAs to show they failed to validate or that the CA will send proof of the debt, but nobody ever mentions what to do when they assume the debt is yours.

I'm very surprised that this doesn't happen more frequently, but what do you do when the CA says they don't have to validate? According to this they won't even give me any proof that I opened this account so why should I have to pay it? I never received a letter from them about the debt and just saw it on my credit report. I think it may even be older than 8 years so it's definitely out of SOL and FDCPA.

This is part of the letter I received where they say that they assume the debt is mine:

We have received your request for validation of the above-referenced account.

The FDCPA, provides that unless you demand validation of your debt within thirty days of your receipt of our first letter to you, we are entitled to assume that your debt to us is valid and to continue our collection efforts.

Please be aware that we may continue to contact you regarding this account.

What should I do?

• Act like I never received their DV response and just fax the GC to the CRAs and say they failed to respond to my DV? (since they didn't send it CMRRR how do they know I got it?)


• Tell them I never received their first letter informing me of the debt, so unless they provide proof that I did receive it then I will require them to validate the debt?


• File a dispute with the CRA (again) and say the account is not mine or inaccurate?

This is what I was thinking of sending them. Any feedback would be greatly appreciated.

I never received a letter in regards to this debt as I only learned about it after reviewing my credit report. The only thing that I ever received from you is the letter that you sent on March 14, 2008, in response to my debt validation letter. Unless you have information that proves that I received the statutory notice (such as a certified signed receipt), I require you to mail the following documentation to my address in order to prove the debt is mine:

To make matters worse, these scumbags just started reporting this debt to a CRA it previously wasn't be reported to, right after they received my DV!

Message Edited by iltph on 03-19-2008 05:52 PM

Message Edited by iltph on 03-19-2008 06:14 PM

[Anonymous]

What letter????  you found out about this when you pulled you CR!

It doesn't matter when you send a DV  them have 30 days to answer or stop all collections!!!

They may keep reporting until the 30 days    but must stop after that until they answer!!!

Send them this DV letter  CMRRR    it should get them moving.

It does not ALL apply to you  unless  they have updated after the 30 days.

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.

Thank You,

Type your name!

Message Edited by HappyDays on 03-19-2008 03:08 PM

[iltph]

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@Anonymous wrote:

It doesn't matter when you send a DV  them have 30 days to answer or stop all collections!!!

They may keep reporting until the 30 days but must stop after that until they answer!!!

That's what I always thought too, but I read through the section on Debt Validation in the FDCPA and it doesn't say that they have to go by these rules UNLESS they receive the DV within 30 days of when they sent the first letter to your contact address in the mail. Nothing is mentioned in the FDCPA about just being able to DV a debt at anytime (even after first noticing it on your CR).

Message Edited by iltph on 03-19-2008 06:21 PM

[dragnldy]

DV again with the dispute that you never received a letter of contact from them in the first place and were unaware of any alleged outstanding debt until you saw it on your credit report.  In the DV, also request validation from the supposed letter they sent you.  The letter should have on it the date they supposedly sent it and the address they sent it to.  Of course, I'd be weary that they might make something up, so you might want to ask for proof of mailing.