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@guiness56 wrote:
There is nothing that says that have a time limit to respond. Once they receive the DV they are not to pursue collection activities until they do.
There can be a time limit under state laws, like there is in Texas. And while federal statutes do not mandate a time frame, the fact that they must cease collections till they do validate includes "verifiying" the debt to the CRA.
Reporting a collection to a CRA is "an act of collection." CA's are prohibited from reporting to a CRA until they DV. If the accout was previously reported, prior to the dispute and DV, then the CA may only report an update (required) that the collection/debt "is in dispute." They may not update nor report amounts, corrections or anything else. If they update the CA on the CR in any other way, they are in violation of FDCPA because they are continuing to collect on the debt, because the act of reporting is only permissible in their effort to collect.
This is the reason you should DV (cmrrr) and then wait 45 days. Then send a follow up DV (cmrrr) if no response and then wait an additional 30 days for response. Once they have failed to reply to these DV requests, and you have your cmrrr proof, then you can dispute with the CRA in writing (not online). Send a copy of the DV letters and CMRRR/certified receipts, both the initial and follow up. In your dispute you put the CRA on notice that the CA has refused/failed to respond to you and to validate the debt and that the information being reported to the CRA is not accurate, and therefore not in compliance with FCRA, and that the CRA may not knowingly report inaccurate information, also a violation of FCRA.
If the CRA comes back that CA is verified, then send your request for "method of verification" and reiterate the CA's failure to respond to your attempts to commuicate and get validation of the debt as required by FDCPA.
IMO IME
Lack of response to a DV request is the legal right of a CA. Sure, lack of response requires them to cease active collection activity under FDCPA 809(b), but it is NOT an admission that they cannot validate, and not grounds for dispute with the CRAs.
The CRAs are not, in any way, involved in or a party to the DV process. Validation is directly back to the consumer, and not to the CRAs.
If you wish to dispute the CA posting with the CRA, you may do this under FCRA 611(a). Lack of response to a DV request is not evidence of anything under the dispute process under FCRA 611(a).
You are correct.
Receipt of your initial DV letter did all it could do under FDCPA 809(b). That was to simply require them to cease active collection actiity until such time as they may choose, or never choose, to validate.
All further DV letters will do is to just foster uneeded hostility, and quite frankly, just pi** them off. Thus fostering a climate of legal action against you.
IMHO, it is time for you to think "big picture," and not just the DV BS that is now going on.
What is the date of first delinquency (DOFD) on the account with the original creditor? That is where I would place my focus. That estabishes the CRA drop-off date of the CA, and also most probably the SOL for any legal action.