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When I saw it on my reports, I went ahead and DV'd them CMRRR (they rcvd it on 11-4-09). So far it's still on the reports and my score just took a beating but I'm sure they can't verify.
There was a CA with the same debt a few months ago that I DV'd CMRRR and THEY couldn't DV so it was removed by the CRA's. Apparently they had a garage sale and now this new CA bought it.
I thought they had to send a dunning letter before reporting? Why do I have such high expectations of honesty and rule abiding from a CA?
newhome4me wrote:I thought they had to send a dunning letter before reporting?
They do have to send a dunning letter w/in 5 days of initial contact. Is it possible you had moved from the DOFD of the debt until now? Maybe they didn't have your address?
newhome4me wrote:Why do I have such high expectations of honesty and rule abiding from a CA?
I have but only once and all mail is being forwarded still. Also, the new address was on my credit report before I moved. If they're reporting, shouldn't they have the address from that?
Well since they reported, I considered that reason enough to DV..they have the address now!
OK, there's no inquiry. I thought they received the address, if they didn't already have it, when reporting. Like a welcome gift.
Alright so I need to pray they don't respond to the DV! The last CA that had it (2 months ago) couldn't so I wouldn't think that they could. It's out of SOL but I just want it gone.
Thank you for your help yet again! Can't say this will be our last
There is no requirement that a CA respond to a DV letter. FDCPA 609 relates to cessation of active collection activity.
But they are required to provide you dunning notice within 5-days of initial contact, which includes posting to your CR.
But that is violation of the FDCPA, and not of the FCRA.
To require vverification within 30-days, you need to dispute it under FCRA 611(a).
I already sent the DV letter off but thank you for your clarification. I did review the letter that I sent (found it on MyFICO)and it states "reporting a debt to the credit reporting agencies that cannot be validated is a violation of the FCRA..." Is that sufficient?
It's the same letter that I sent to the last CA that had this debt and they were unable to validate. But, they sold it? I thought that too was illegal?
I'm just going to have to spend some time reporting CA's for their mistakes, with chocolate and a mocha, it could be fun.