what to do with violation?

Anonymous · ‎05-03-2008

Ok, so I Dv'ed a CA more than thirty days ago, and they have yet to send me any information on it, but they have called and left two voicemails to my cell phone. I have them saved, and I wrote in the DV not to communicate in any way other than in writing. So, this would be a violation, correct?

My question is, what do you do when you have proof of them calling, and its past the thirty days? I searched for this on here, but didnt see what I am supposed to do with this information.

ALSO, on a side note... this company says I have two delinquent cable accounts, and I jsut got off the phone with the cable company, who stated that I have only opened one account with them in the past, and that the CA had to duplicate the account. The cable co. rep I was speaking with put me on hold to call the CA, and when he got back to me, he said they dont have any information for a second account. So hopefully the CA will delete the duplicate tradeline... The rep told me to call back in 5 business days to make sure everything was fixed.

llecs · ‎05-03-2008

acissej323 wrote:
Ok, so I Dv'ed a CA more than thirty days ago, and they have yet to send me any information on it, but they have called and left two voicemails to my cell phone. I have them saved, and I wrote in the DV not to communicate in any way other than in writing. So, this would be a violation, correct?

My question is, what do you do when you have proof of them calling, and its past the thirty days? I searched for this on here, but didnt see what I am supposed to do with this information.

ALSO, on a side note... this company says I have two delinquent cable accounts, and I jsut got off the phone with the cable company, who stated that I have only opened one account with them in the past, and that the CA had to duplicate the account. The cable co. rep I was speaking with put me on hold to call the CA, and when he got back to me, he said they dont have any information for a second account. So hopefully the CA will delete the duplicate tradeline... The rep told me to call back in 5 business days to make sure everything was fixed.

First, a CA has more than 30 days to validate; they can take forever if they want to. However, during that period (30 days or 30 years) they cannot engage in collection activities if you wrote as such in your DV letter.

Also, if at any time, DV or otherwise, you write them and tell them not to communicate via phone, then they are also violating the FDCPA.

Maybe they aren't engaging in collections activities by calling you, but rather to verify info. I would save the info anyway, especially if you get something in writing from them if they are trying to collect. Save also the green card from USPS.

Anonymous · ‎05-03-2008

This is incorrect. They have 30 days for DV, if they dont, it has to be deleted. In those 30 days, they also can not update on the CR, it is on hold.

guiness56 · ‎05-03-2008

@Anonymous wrote:
This is incorrect. They have 30 days for DV, if they dont, it has to be deleted. In those 30 days, they also can not update on the CR, it is on hold.

I have read both the FCRA and the FDCPA and can not find reference to the 30 day time limit. But, since the majority of persons responding to inquiries are very knowledgeable, I tend to believe what they tell me.

This is a partial quote from the FDCPA:

§ 809. Validation of debts

b.Collection activities and communications that
do not otherwise violate this title may continue during
the 30-day period referred to in subsection (a) unless the
consumer has notified the debt collector in writing that the
debt, or any portion of the debt, is disputed or that the consumer
requests the name and address of the original creditor.
Any collection activities and communication during the
30-day period may not overshadow or be inconsistent with
the disclosure of the consumer’s right to dispute the debt or
request the name and address of the original creditor.

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Anonymous · ‎05-03-2008

Guest1808 wrote:
This is incorrect. They have 30 days for DV, if they dont, it has to be deleted. In those 30 days, they also can not update on the CR, it is on hold.

Nope, nothing gives them a time limit to vaildate or even requires that they validate.

The only thing it says is that they must cease all collection activities until they do validate.

FDCPA/FCRA doesn't define "collection activities", but the FTC opinion is that reporting on one's credit report is collection activitiy.

They can update if they have reported PRIOR to the validation request, in fact they are required to report to the CRA that the account is being disputed.

To answer the OP question........"what to do with a violation"

You can file complaints with your state AG, BBB, FTC, file in court, etc. It is really up to you. Personally, I 'd send a 2nd DV, point out the violations and send a letter to the CRA at the same time with proof that you sent the CA a DV and state that they have failed to respond. Include copies of the letter you sent, the signed green card, CM label, SS#, DL, etc to the CRA.

I'll post a sample letter below.

Message Edited by sidewinder on 05-03-2008 04:23 PM

Anonymous · ‎05-03-2008

Letter to CRA(courtesy of HappyDays) make changes where needed.

From:
My Address

To: CRA

CRA Address

Date: June XX,2006

RE: Account #XXXXXXX/ Arrow Financial Services

Dear Sir/Madam:

This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that Experian do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

Arrow Financial Services, Account # XXXXXXXX

On March 21, 2006, Arrow Financial Services received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, June XX, 2006, they have failed to provide any proof or respond in any way.

On May 2, 2006, I sent a second letter. Again, I have received no response. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter.

The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 3 months since it was requested.

As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its entirety as there is no proof of its existence as evidenced by my attached documented proof.

Sincerely,

You

Anonymous · ‎05-04-2008

thanks sidewinder.... I'll get on that...

Anonymous · ‎05-05-2008

Case law TWYLA BOATLEY vs. DIEM CORPORATION No. CIV 03-0762 PHX-SMM UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA- establishes that reporting and/or updating a credit report is collection activity.

I know the attorney in this case- This IS the standard case for reference.