1. if you DV a CA, how lond do they have to validate or reply? or do they even have a time limit?
2. if they cannot validate do they have cease and desist all collection activities? also do they have to delete what they are reporting from the CR?
3. if the OC accepts payment does that mean the CA HAS to stop reporting
Someone please help with these questions. Also any and all additional info is greatly appreciated. thanks in advance!!!
Starting Score: EQ-556, TU-614As I understand § 809 of the FDCPA a DV is only truly available if requested within 30 days of notification from the CA about the account, but notification is something that is debatable I would asume.
Also from what I understand there is no time limit for a response from a CA. The only requirement on their end is that they do not continue with collection activity until they have properly validated. They are not required to delete the tradeline from your report immediately upon receipt of a DV request. However, once you have sent a DV to a CA and not heard a response in some time, the general consensus is to send documentation of your DV letter, the CMRRR documentation, etc. to the CRA indicating that the CA is not resonding to a DV thus you believe they cannot validate the debt. If they truly cannot validate the CRA should remove the TL if it's investigation leads to the same conclusion.
If the OC still owns the debt, ask them to pull the account back from the CA prior to payment. Once the OC has the account send documentation to the CRAs of the payment acceptance and nature of the account with the OC. This should invoke a DV from the CRA to the CA and remove the trade line.
Hope this helps you! Good luck!
thanks
What if the OC says they will accept payment on behalf of the CA, but that it is not their policy to pull the account back from the CA? Confused how this would ultimately report.
