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Dv'd with no response, Trying to buy a home!

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RobertEG
Legendary Contributor

Re: Dv'd with no response, Trying to buy a home!

FDCPA 809(a) requires that, in their initial dunning notice, they must provide the amount of the debt, and the name of the creditor.  That is all.

If you DV them within 30-days of dunning notice, they are required under FDCPA 809(b) to cease collection activity untll such time as they provide "verification" of the debt. But the FDCPA does not define what constitutes "verification."  Some federal judicial districts have issued decisions that require nothing more than reiteration of the amount of the debt, and the name of the creditor.  Other fed districts have included, in dicta, that this requires the CA to produce contracts between the CA and the OC.  It is an unsettled mess. 

And underlying all of this is that the FDCPA puts no time constraint on the CA to respond.  It only shuts off further collection activity on their part.  So you may languish forever, awaiting a response, with no recourse under the FDCPA.

 

If you truly believe the debt is inaccurate, did you file a dispute under FCRA 611(a)?  That does have a 30-day limit for the creditor to validate.  Much more clout than a DV letter under the FDCPA.

 

If neither works, sue both the OC and CA, and make them prove their claim of debt in court.  I suggest you get a lawyer for this.

 

 

 

 

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