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The CA is required to respond to a DV letter, right?
I got the letter from the CA on or around 10/20/2013, it was dated 10/02/2013. I had 30 days to send my letter. I sent it CMRRR and got the signed card that they received it 10/28/2013. So they got it in the 30 day window. They recently reported it.
Can they report it before they validate it?
This showed up on my score watch 11/01/2013
Reported: 10/1/2013 | ||||||||||||||||||||||
In 9/1/2013, the collection agency ONLINE COLLECTIONS GRVL was hired by creditor Not Reported to collect $271 in debts on account number XXXXXXXXXXXXX4624.
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Good morning,
This happened to me and I called them, it's basically a note for the account and then they should send you their findings in writing by mail. If they can't validate, then you can ask for deletion and/or contact CRA's and tell them that they have can't verify. I did this after they noted the account the same way and failed to provide the verification.
Cynthia
As to the two separate questions.....
No, there is no requirement that a debt collector ever respond to a DV.
The requirment under FDCPA 809(b) is that they must cease active collection on the debt until such time as they provided verification.
The intent of the DV process is to week out frivolous or spurious collections by requiring them to first provide assurance that they have investigated the legitimacy of the debt and informed the consumer that they obtained adequate basis to verify that you are ther resonsible consumer.
FDCPA 809(b) does not list any and all types of actions by a debt collector that are considered to be barred collection activites.
However, the courts have established, in numerous decisions, that reporting to a CRA prior to having first provided debt verification is a barred collection activity, so yes, it as a violaltion of section 809(b).
How to deal with their improper reporting is a bit iffy.
The reporting per se is not inaccurate, and the CRAs are not a party to debt collection practices issues under the FDCPA, so may decline to make their own ruling of a vioaltion of section 809(b) and delete based on a consumer dispute. To do so would involve them in making determinations of adequacy of debt verifcation in cases where the debt collector asserts they have provided verification.
The normal path is to file a formal complaint with the CFPB for their violation of FDCPA 809(b).
@Shellie wrote:The CA is required to respond to a DV letter, right?
I got the letter from the CA on or around 10/20/2013, it was dated 10/02/2013. I had 30 days to send my letter. I sent it CMRRR and got the signed card that they received it 10/28/2013. So they got it in the 30 day window. They recently reported it.
Can they report it before they validate it?
This showed up on my score watch 11/01/2013
Reported: 10/1/2013 In 9/1/2013, the collection agency ONLINE COLLECTIONS GRVL was hired by creditor Not Reported to collect $271 in debts on account number XXXXXXXXXXXXX4624.
Original balance: $271 Agency name: ONLINE COLLECTIONS GRVL Current balance: $271 Agency number: 885YA00026 Status (as of 10/1/2013) : UNPAID Agency industry: Not Reported First delinquency: 10/1/2011 Original creditor: 885YA00026 Last payment: Not on Record Description: Consumer disputes this account information
No they are not required to validate, only cease collections activity until they do.
SInce they clearly reported this to the CRAs after they received the DV they have violated the FDCPA.
As suggested, file a complaint with the CFPB.
On a side note, they have listed it as in dispute. When you send a DV letter you are disputing the debt to the CA and not how it is reported. They should not have listed the TL in dispute with the CRAs.
@RobertEG I know you are incredibly educated in this credit stuff but it is difficult for me to understand your replies some times. I'm sorry, I'm just not very knowledgeable in all the legal stuff yet, but I'm learning.
Do I need to dispute this? Don't we have to dispute before we can file a complaint?
So do I dispute this with the CRA?
yes !
Yes, I would first dispute.
However, my reference to a CFPB complaint was added because there is a chance that the CRA will verify.
That would conclude the dispute process.
A CFPB complaint would be a second line of action.
Unfortunately, the CFPB requires you to dispute with the CRAs prior to your filing a complaint.
Ok so just to be sure... file a dispute with the CRA's (all of them?) and wait out that process and then file a complaint?