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When I first started getting into this credit repair journey and pulled my own credit last month, I found multiple collections on my credit report from this company for various amounts, anywhere from $40 to $419. I immediately disputed directly with CRA'a, and all came off, except the largest amount owed for $419 which came back validated.
I sent a long, canned, full-of-false information letter that I got off the internet (obviously didn't know any better at the time), CMRRR back in July. 30 days has passed. No response from them. I am preparing to send another letter stating the following:
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I sent my DV letter on July 27th which was received at your firm. Your firm never responded to my request for validation or to my dispute of the debt. I also discovered that this is still being reported to the bureaus, damaging my credit score. This is a violation of both the FDCPA and the FCRA.
If you wish to avoid a lawsuit, then remove the trade line, close the account and waive the alleged balance due or I will file suit.
Enclosed is a copy of the letter dated July 27th 2011.
Sincerely,
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Here are my question(s):
1. I know they do not have to validate within a specific time frame, unless I live in Texas. BUT.....this can't go on forever. What is a reasonable time frame to expect to hear SOMETHING?
2. Since I sent the original DV letter back in July, and they have not responded to me, but are still reporting to CRA's is this a violation of my rights? Isn't reporting to the CRA's while in dispute/validation considered "continued collection attempts"?
3. Here is the hairy part: I have NO idea when the original dunning came..if ever. I am sure they will say the request for validation/dispute isn't valid because my 30 days has passed. And if I did file suit, (which I will if I have grounds) couldn't they just produce a "copy" of the "original" dunning notice and say it was sent on such and such date? Would that hold up in court? Again, I legitimately never received notification of this debt, and I legitimately believe it is not valid. (It is for "unreturned cable equipment")
4. I disputed with CRA's directly as well, and it came back "validated".
TIA
Well maybe I've read FCRA Section 611 Part (A)(1) wrong- but it says that they have 30 days to dispute- and can file an extension for no more than 15 days longer to get back with you once they've received the letter. I think you may be on your way to $1000 from the CRA.
Hmmm...I think that is incorrect. I thought the same thing, that they only had the 30 days. I believe for people other than residents of Texas, they have as long as they want to provide validation, but have to continue listing the item as "disputed" to the CRA's...and have to cease all collection activities until they satisfy the dispute.
That was my take, but I could be wrong..thats why I posted the question. There is so much conflicting information on the net it is hard to find accurate answers without having to sift through case law. And I am not an attorney, so trying to understand all of it can be very difficult.
Based on the FDCPA, when a debt goes bad and gets bought by or assigned to a CA, the CA can sit on it for as long as they want. Once they decide to collect on it, they can start calling or reporting, but they have 5 days from that point by which to mail out the initial collection notice (dunning letter). Based on the FDCPA (Sect. 809), you have 30 days to respond to that letter. Once they receive that letter, they must stop all collection activity, including writing, calling, reporting, etc. During this period, they can take as little or as much time as they want to respond...a day, a month, a year, etc. (no joke...one poster in here finally got a response back after a year). Once they verify the debt in writing(e.g. the OC name, contact, balance owed), then they can call you, bug you, report, etc. until paid.
What happens if you mail the DV after the initial 30 days? Then the DV letter doesn't mean anything per the FDCPA. It's worthless on the federal level. Now that's not to say don't send it. I've sent plenty after the 30 days expired and most all of them responded. However, once the 30 days has past and they are reporting, then they can continue to report, call, bug you, etc. There is nothing per the FDCPA that prohibits them from doing so.
What happens if you never got a dunning letter by which to mail the DV? Reserve that for an attorney. Look at their side first and figure out why you may not have received a dunning like moving, change of address, etc. For example, what happens if you saw it on your reports and didn't mess with it until after a month? Is the 30 days effectively over? If they siad they mailed a dunning, how can they prove it anyway? I'll defer to the experts. IMO, it would cost more $$$ and more time than what it is worth to legally fight some of the examples posted in here. I've seen so many posters get worked up over a debt that they probably know it is theirs and had they sent a PFD, it could have been over. Then too, maybe it is worth the effort to drag it out. I dunno. Principle? Nobody can answer that except for themselves.
Now the above is based on Federal law. State law can differ. REad your own state's statutes. Only in Texas is a CA required to respond to a DV within 30 days.
Much of the letters in here are legally and factually incorrect. I used to use them but after a while I began to look at it at a CA's point of view and realized the letters are laughable. In fact they do poke fun at these letters. IMO, for best results, always customize your letter based on the FDCPA but also based on state law and include everything that your state allows you to ask for. YMMV based on where you live. They'll treat the DVs more seriously and later on I had comments back insinuating that I was working with an attorney. I just became crafty at writing non-cookie cutter letters.
If they didn't respond to the first letter, give them 30-45 days from the date they signed for it and send another, but customize the 2nd.
Excellent advice, thank you.