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Enhanced Recovery Company "notice of rights" letter

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Anonymous
Not applicable

Enhanced Recovery Company "notice of rights" letter

I sent a dispute to a credit bureau for this company for a debt that was on my report I received a letter from them in the mail saying that unless I dispute the validity of the debt within 30 days of receiving the letter it will be assumed valid by them. does anyone know anything about this or how I can go about getting Resolved? What are my next steps? 

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Enhanced Recovery Company "notice of rights" letter


@Anonymous wrote:

I sent a dispute to a credit bureau for this company for a debt that was on my report I received a letter from them in the mail saying that unless I dispute the validity of the debt within 30 days of receiving the letter it will be assumed valid by them. does anyone know anything about this or how I can go about getting Resolved? What are my next steps? 


What is your goal?

 

Is it a valid debt?

 

How old is the debt?

 

How much is it for?

 

What is the SOL in your state?

Message 2 of 9
RobertEG
Legendary Contributor

Re: Enhanced Recovery Company "notice of rights" letter

A dispute sent to a CRA is for addressing inaccuracies in information reported to your credit report.

 

The notice you received from the debt collector, whiile using the term "dispute," does not relate to a dispute of credit reporting.

It refers to the required notice under FDCPA 809(a) that you have the right to "dispute" the debt itself, in whole or in part, by sending a request for validation of the debt to the debt collector.  You have only 30 days from date of that "dunning notice" in which to send a request for debt validation to the debt collector that imposes any requirment on the debt collector.  If you dont send your request for debt validation ("DV") within that 30-day period, it imposes no restrictions on the debt collector, who may then simply continue their collection efforts with no requiremnt to provide the requested validation.

 

Do you contest the validity of the debt?

|If so, you must get a DV in the mail within 30 days after receipt of that ""dunning notice."

 

 

Message 3 of 9
Anonymous
Not applicable

Re: Enhanced Recovery Company "notice of rights" letter

It is from 12/2014 for $300. It's not my account 

Message 4 of 9
Anonymous
Not applicable

Re: Enhanced Recovery Company "notice of rights" letter


@Anonymous wrote:

It is from 12/2014 for $300. It's not my account 


If its not your account, then use the ID Theft provision of FCRA 605B to get it quickly excluded.

Message 5 of 9
Anonymous
Not applicable

Re: Enhanced Recovery Company "notice of rights" letter

 Don't they have to prove its mine within 30 days of my dispute?

Message 6 of 9
RobertEG
Legendary Contributor

Re: Enhanced Recovery Company "notice of rights" letter

If you sent a request for debt validation, it would go to the debt collector, not the CRA.

The CRAs are not a party to the debt validation process.

 

Was your dispute to the CRA asserting an error in credit reporting, or was it a request for debt valaidation in response to the debt collector's notice?

 

If you send a DV request to a debt collector, no, they are not required to validate within any time period.

If your DV is sent within 30 days of their dunning notice, they must cease collection activities until they choose to provide validation.

Lack of debt validation is not a violation, and they are not required to delete their credit reporting based on lack of validation.

Message 7 of 9
Anonymous
Not applicable

Re: Enhanced Recovery Company "notice of rights" letter


@Anonymous wrote:

 Don't they have to prove its mine within 30 days of my dispute?


Please see my above comment regarding ID Theft. Google FCRA 605B and read it thoroughly. If there is something you're not clear on about it, ask away.

Message 8 of 9
Anonymous
Not applicable

Re: Enhanced Recovery Company "notice of rights" letter

i disputed with the CRA, then received this letter in the mail from the collections company. 

Message 9 of 9
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