DV wait times

[kmacqua]

I requested a DV for 3 unrecognized collections on my CR, which were received on 10/2, 10/2, and 10/4.  How long should I wait for a DV response? I understand that they have 30 that they are required to cease collection activities or DV, but that they don't actually have to respond to the DV request. At what point do I conclude that they aren't going to respond? (Clearly, I'm not there yet!)

And if they don't respond, should I dispute or PFD?  They aren't debts that I recognize, but they're not huge amounts and I just want them off.

NCO--$90

CMRE--$230

AllianceOne-$78

[kmacqua]

bump

Thoughts?

[RobertEG]

The DV process imposes a 30 day period upon the consumer, running from the date of dunning notice, in which to send a DV to the debt collector that will impose a cease collection bar.

It imiposes no 30 day, or any period, on the debt collector for their response.

Their "penalty" for lack of response is thzt they cannot conduct any further collection activities until they first provide the requested validation.

Violation would occur should they continue any collection activities without having provided validation.

Lack of validation is not per se a violation, and thus there is no basis for a dispute or compl\int to the CFPB.

As for now offering a PFD, providing your DV was timely (i.e., sent within 30 days after dunning notice), you have imposed a cease collection bar on the debt collector.

Negotiation of payment of the debt would be a violation of the cease collection bar on their part.

Until they validate or you notify them of recission of your DV request, they cannot negoti\te with you.

You are thus effectively in a self-imposed limbo, deciding in efffect that you require validation of the debt prior to proceeding with any action on the debt.

[Anonymous]

There is no such time limit. YOU have thirty days to submit a 'timely' DV after recieving the first notice from the CA which drops the collections bar. There is no time limit from that point. They are simply barred from doing any further collections until they provide you with the validation information. No other 'requirements' are placed on them at that point.

Do the CR entries show any info on the who the OC is?

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@kmacqua wrote:

I requested a DV for 3 unrecognized collections on my CR, which were received on 10/2, 10/2, and 10/4.  How long should I wait for a DV response? I understand that they have 30 that they are required to cease collection activities or DV, but that they don't actually have to respond to the DV request. At what point do I conclude that they aren't going to respond? (Clearly, I'm not there yet!)

And if they don't respond, should I dispute or PFD?  They aren't debts that I recognize, but they're not huge amounts and I just want them off.

NCO--$90

CMRE--$230

AllianceOne-$78

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[Anonymous]

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@RobertEG wrote:

The DV process imposes a 30 day period upon the consumer, running from the date of dunning notice, in which to send a DV to the debt collector that will impose a cease collection bar.

It imiposes no 30 day, or any period, on the debt collector for their response.

Their "penalty" for lack of response is thzt they cannot conduct any further collection activities until they first provide the requested validation.

Violation would occur should they continue any collection activities without having provided validation.

Lack of validation is not per se a violation, and thus there is no basis for a dispute or compl\int to the CFPB.

As for now offering a PFD, providing your DV was timely (i.e., sent within 30 days after dunning notice), you have imposed a cease collection bar on the debt collector.

Negotiation of payment of the debt would be a violation of the cease collection bar on their part.

Until they validate or you notify them of recission of your DV request, they cannot negoti\te with you.

You are thus effectively in a self-imposed limbo, deciding in efffect that you require validation of the debt prior to proceeding with any action on the debt.

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Robert, one thing I'm still unclear on - If a CA fails to provide validation after a reasonable amount of time, does the consumer have the right to then dispute the item through the CRA's?

[kmacqua]

And, for those who did get a DV response, how long after the DV request did the CA respond? What is a reasonable amount of time to wait?

I never received a dunning notice; the first I learned of these collections was seeing them reported on my credit report. Therefore, my DV request is "timely".

[RobertEG]

No.

The DV process was not intended by congress to compel validation.

It was intended to provide consumers with relief from active collection until they are provided with a verification by a debt collector that they have investigated the vlidity of the debt, and confirm that there is adequate basis for their determination that it is valid.

If they choose to discontinue active collection, they have no obligtion to reply.

As for a dispute, a dispute under the FCRA contests the accuracy of credit reporting.

A debt collector can report their collection prior to any sending dunning notice or receiving a DV.  The accuracy of that reporting is not disputable based on compliance or lack of compliance with debt valid\tion under the FDCPA.