What to do after a DV letter gets a responce several months later?

[Anonymous]

Several month ago I posted on this message board asking for advice in regards to composing a DV letter, and the reply I received encouraged me to pursue that course of action (http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=32216). After composing the letter and mailing it CMRRRon 08/22/07 I finally received a response on 12/11/07 from the CA, reiterating the debt collection and an attachement of a photocopy of an invoice from the original account.  Just to give you the brief history of this account, it was a utility bill from an apartment I rented in 2003, which became delinquent when the account didn't get shut off after I moved out on 08/31/03, which I wasn't aware of until receiving the debt notice earlier last year.

The first thought that comes into my mind is that I remember reading information about DV requests, and that the Collection Agency has 45 days to provide the validation.  Assuming that information is correct, the 45 days from the date on which they received my DV letter (08/22/07) would have expired after 10/06/07.  Their response to my letter came considerably later (in December) and is therefore past that period.  This leaves me wondering about what to do next.  Has the 45 day window closed for good, and if so what is my proper course of action?  Do I send some kind of a letter back to the CA?   Do I dispute a report of this debt with the credit agencies?  Are there nuances that I am not aware of here?

I appreciate your time and help.

- AF (Massachusetts)

[llecs]

CRAs have 30 days (and up to 15 days beyond if info came in late from OC) to verify that whatever is reporting is accurate. If it cannot be verified or updates, it must be deleted off your reports (assuming you disputed on all 3).

CAs, with regards to DV, have no time limit at all to verify the info. They can take their sweet time. However, during the time they take to verify, the CA cannot engage in collection activities, like calls, etc.

Ideally, you want to dispute the CRA at the same time as the DV.

There is also debate (in my mind anyway) on the issue of DV. As per the FDCPA, you may DV a CA within the first 30 days of initial communication from a CA. This is typically the letter you get saying you have 30 days and so on and so forth, or the dunning letter. I'd argue, based on what the FDCPA says, they you can't DV after the first 30 days. On the flip side, an argument can be made that a CA wouldn't have any record at all of when you received that first letter. Or if you moved after the collection, how would you get any written notice. As a side note, I've DVed after the first 30 days and have been successful. Much of the time a CA doesn't understand the law anyway.

[Anonymous]

illecs, thanks..    Given the dates I've specified what are my options?  Someone on another message board told me that I should call the original account and deal, and be prepared to settle with them.

[SmartCookie]

If OC does still own, I would try to deal with them via PFD.  I don't know the circumstances or what exactly is on your final bill... but possibly part of it can be negotiated with the utility company.  Your governing PSC type comission might be able to assist you if you had notified the company when to terminate the service and you feel they are at fault for at least some of the charges and/or not sending the final bill to the address specified when you arranged for the termination of service.

[Anonymous]

Thanks for your reply SmartCookie.  How would I find out whether the OC has sold off the account to the CA or not?  What determines whether or not they would be and able to arrange a PFD?

As far as the termination notice, I have no idea whether or not I cancelled the service when I moved, and I certainly have no way of proving anything.