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AAC Pain in the rear!!!!

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Anonymous
Not applicable

AAC Pain in the rear!!!!

I sent a dv to AAC in march and they in turn sent a settlement offer letter that is due to expire this month. What is the process if the do not Validate the account before the end of the time frame... I'm in TX. Can they even offer a settlement after being requested validation?????
Message 1 of 9
8 REPLIES 8
proudnavymom
Regular Contributor

Re: AAC Pain in the rear!!!!


@Anonymous wrote:
I sent a dv to AAC in march and they in turn sent a settlement offer letter that is due to expire this month. What is the process if the do not Validate the account before the end of the time frame... I'm in TX. Can they even offer a settlement after being requested validation?????

Is the 30 days from the date they received the DV prior to the date the settlement expires?  If it was a timely DV I'm not sure if legally they can try to get you to pay a settlement because that would be collection activity and if it was a timely DV, they are barred from any collection activity during this time period.  

Starting Scores TU 7/30/09 FICO 493 EQ 9/5/10 FICO 477 EX 11/14/2011 (lender pull) 575
Current Scores TU 10/19/2018 FICO 671 EQ 12/21/2018 FICO 614 EX 5/31/2014 FICO 658
Goal Scores 700 across the board
Message 2 of 9
MarineVietVet
Moderator Emeritus

Re: AAC Pain in the rear!!!!


@proudnavymom wrote:
 

Is the 30 days from the date they received the DV prior to the date the settlement expires?  If it was a timely DV I'm not sure if legally they can try to get you to pay a settlement because that would be collection activity and if it was a timely DV, they are barred from any collection activity during this time period.  


For residents of Texas there is no 30 day limit to request a DV. Also Texas is the only state that requires a CA to respond to a DV withiin 30 days. In all other states the CA never has to answer a DV.

 

I will agree that offering a settlement after getting this DV request is collection activity but I'm not at all certain about that.

Message 3 of 9
Anonymous
Not applicable

Re: AAC Pain in the rear!!!!

 sent the DV on 3/29 and the date on my RR is 4/2 and the letter is dated 4/1. So I guess at the time they were ok to send the letter but what does that mean for us now?

Message 4 of 9
MarineVietVet
Moderator Emeritus

Re: AAC Pain in the rear!!!!


@Anonymous wrote:

 sent the DV on 3/29 and the date on my RR is 4/2 and the letter is dated 4/1. So I guess at the time they were ok to send the letter but what does that mean for us now?


BTW what is the DoFD on this account? Are you still within the SOL of 4 years for Texas?

 

I would probably wait to see if they respond to your DV within the 30 days. But only you have the final decision.

 

 

Message 5 of 9
RobertEG
Legendary Contributor

Re: AAC Pain in the rear!!!!

Yes, the key is whether your DV was timely (i.e., sent before receipt of a dunning notice, or sent within 30 days of receipt of a dunning notice)

If it was timely, it invoked an automatic cease collection bar.  Sending you a negotiation offer prior to providing debt verification while under a cease collection bar would be a clear violation of FDCPA 809(b).

So, you apparently have an FDCPA violation if the DV was timely. However, that only gets you the right to pursue an FDCPA violation, such as by complaint to the FTC, the BBB, your state AG, or civil action.  It does not equate to any requirement to delete their reporting under the FCRA.  A separate issue.

 

I disagree that by being a resident of Texas, the debt collector is required to respond to your DV within 30 days.  The Texas debt collection code does not refer to the federal DV process, and imposes no direct time limitation for response to a DV under the FDCPA.  A debt collector does not have to treat a DV differently based on state of residence of the consumer.

 

Texas residents have the separate ability to send the debt collector a "Notice of Inaccuracy" of the debt.  The 30-day period under the Texas statute is for response to that Notice of Inaccuracy, not for response to a DV.  It imposes its own, separate cease collection provisions, and requirements for response to that Notice.  Even the Texas statute does not require verification of accuracy within that 30-day period.  The debt collector can simply advise that they have not concluded their investigation, which imposes additional requirements on their part. 

 

Message 6 of 9
proudnavymom
Regular Contributor

Re: AAC Pain in the rear!!!!


@RobertEG wrote:

Yes, the key is whether your DV was timely (i.e., sent before receipt of a dunning notice, or sent within 30 days of receipt of a dunning notice)

If it was timely, it invoked an automatic cease collection bar.  Sending you a negotiation offer prior to providing debt verification while under a cease collection bar would be a clear violation of FDCPA 809(b).

So, you apparently have an FDCPA violation if the DV was timely. However, that only gets you the right to pursue an FDCPA violation, such as by complaint to the FTC, the BBB, your state AG, or civil action.  It does not equate to any requirement to delete their reporting under the FCRA.  A separate issue.

 

I disagree that by being a resident of Texas, the debt collector is required to respond to your DV within 30 days.  The Texas debt collection code does not refer to the federal DV process, and imposes no direct time limitation for response to a DV under the FDCPA.  A debt collector does not have to treat a DV differently based on state of residence of the consumer.

 

Texas residents have the separate ability to send the debt collector a "Notice of Inaccuracy" of the debt.  The 30-day period under the Texas statute is for response to that Notice of Inaccuracy, not for response to a DV.  It imposes its own, separate cease collection provisions, and requirements for response to that Notice.  Even the Texas statute does not require verification of accuracy within that 30-day period.  The debt collector can simply advise that they have not concluded their investigation, which imposes additional requirements on their part. 

 


Sorry if I replied with inaccurate information.  i guess I was misinformed.  

Starting Scores TU 7/30/09 FICO 493 EQ 9/5/10 FICO 477 EX 11/14/2011 (lender pull) 575
Current Scores TU 10/19/2018 FICO 671 EQ 12/21/2018 FICO 614 EX 5/31/2014 FICO 658
Goal Scores 700 across the board
Message 7 of 9
MarineVietVet
Moderator Emeritus

Re: AAC Pain in the rear!!!!


@proudnavymom wrote:
 

Sorry if I replied with inaccurate information.  i guess I was misinformed.  



You didn't. The Texas Finance Code is clear on what it says and it doesn't matter what the FDCPA says. Often state laws and statutes differ and state laws are often more strict than federal law. State and federal law do not have to agree.

 

Comparing apples to oranges and nitpicking about what a letter is called doesn't change anything. A creditor has 30 days to answer a DV (I call it a DV because that's exactly what it is) from a resident of Texas.

 

Legalese doesn't change the truth. Here is the Texas Finance Code. Sec. 392.202 is what you need to read.

 

 

Message 8 of 9
RobertEG
Legendary Contributor

Re: AAC Pain in the rear!!!!

I dont believe it is pure legalese for Texas residents to be aware that sending a DV does not entitle them to response within 30 days, and certainly not to any required verification of the debt within that period. 

Message 9 of 9
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