DV response

[moweesgirl]

My husband recieved a letter from a collection ageny in regards to a debt with a school. I sent the DV letter to them. They have 30 days from the date they signed for the letter to respond, correct? Also, the response that they sent to him says thanks for your request for validation, we will now restart the collection process over. They cant do that right? A DV doesnt restart the timer does it? Help!

[guiness56]

No, a CA has no time limit in which to respond.  They don't have to at all, only cease collections activity until they do.

The 30 days is for a consumer to respond asking for validation upon initial communications from the CA.

No, nothing restarts the time it can stay.

I don't understand their meaning we will restart the collection process though.

[moweesgirl]

I will get the exact wording and post it tonight. It is way past the SOL and reporting time, and this is the first time we have heard about this debt. When I looked at the docs they sent us back, it appears that the debt is for supplies and not anything to do with the student loans that we just finished rehabbing. So hopefully what I sent doesnt restart the SOL. This is from back in 2003. 

[guiness56]

If it is that old it cannot be on your CR any longer.

Nothing but a payment could possibly restart the suing SOL.

[moweesgirl]

Thats what I thought. I will send the exact wording tonight and hopefully someone can help me figure out how to handle it. 

[moweesgirl]

The exact wording is...."Enclosed herewith please find Verification of this debt as you requested. Please be advised that pursuant to section 809 (b) of the Fair Debt Collection Paractices Act, we are now authorized to resume collection efforts on the above referenced debt."

What does this mean?

I assume and I am hoping that it means they are allowed to attempt to collect the debt, but this doesnt mean anything starts over. So they cant take him to court because its past the SOL and they cant report it to his credit because its past 7 years. Am I right?

[randyrhodes]

No they cannot reindeer the debt on your CR and they can't sue for it either. I'm not exactly sure what they're talking about when they're citing 809(b). It says nothing like they're saying it does. They can try to collect it from now til kingdom come...but they have no legal standing to act civilly. Good luck

[randyrhodes]

Reindeer? I hate this phone. I meant reenter

[guiness56]

When you send a timely DV letter per FDCPA 809, they must cease all collections activity until they validate the debt.

They are telling you that they have validated and are now resuming collection activity.  FDCPA 809 b does state exactly what they said:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.