Enhanced Recovery

[dalasdon]

okay i need help here with this one.  i sent dv on jan. 17 and have the u.s. postal service delivery confirmation receipt.  i have not heard from enhanced recovery except from them leaving messages on my voice mail.  what can i do next to have this item removed as its passed the 30 days.

[MarineVietVet]

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@dalasdon wrote:

okay i need help here with this one.  i sent dv on jan. 17 and have the u.s. postal service delivery confirmation receipt.  i have not heard from enhanced recovery except from them leaving messages on my voice mail.  what can i do next to have this item removed as its passed the 30 days.

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A DV letter doesn't require a response from a CA within a certain time period unless you live in Texas. They never have to answer but must stop collection efforts.

[dalasdon]

well that sucks, i thought dv was supposed to get  you validation of debt and if they didnt provide they had to remove from cra

[Anonymous]

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@dalasdon wrote:

well that sucks, i thought dv was supposed to get  you validation of debt and if they didnt provide they had to remove from cra

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You are correct about that.  What he is saying is that there is no set time period they have to respond.  Upon receipt of the DV letter, they have to immediately cease all collection efforts, including credit reporting.  However, they can take as long as they want to send validation.  They just cannot resume collection efforts until they do send it.

[dalasdon]

well weird thing is that's when the efforts started.  i had never heard from them abount my 6 accounts with them, and now they are leaving voicemails.  its weird though because they leave maybe 1 vm every 2 weeks.  they are not trying if you ask me like other ca's.  weird too how all of they other ca's on my cr would delete upon sending dv letters.

[Anonymous]

If I were you, I would forward a copy of your DV notice and the return receipt showing they got it to the CAs, advising them that this debt collector has refused to validate and is still reporting.  I would also send both of these things to the CA and advise them that they are in clear violation of the FDCPA by continuing to report on your credit and call you without sending validation.

[MarineVietVet]

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@Anonymous wrote:

If I were you, I would forward a copy of your DV notice and the return receipt showing they got it to the CAs, advising them that this debt collector has refused to validate and is still reporting.  I would also send both of these things to the CA and advise them that they are in clear violation of the FDCPA by continuing to report on your credit and call you without sending validation.

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It's not a matter of the CA refusing to validate. This implies they are required to do so which they're not. They can never answer and be within the law. Also the CA doesn't have to remove any prior reporting; they just can't add anything new after getting a DV.

As far as the voice mails go did ER say anything that could be considered an attempt to collect? I'm not sure if just trying to contact you for information regarding the DV could be looked at as collection activity. I just don't know. It might all come down to what the voice mails say.

[dalasdon]

msg says this is erc, this is an attempt to collect a debt, blah blah blah.   it might have to do with me having 6 other accounts with them.  im going to dv all others, maybe phone calls will stop

[MarineVietVet]

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@dalasdon wrote:

msg says this is erc, this is an attempt to collect a debt, blah blah blah.   it might have to do with me having 6 other accounts with them.  im going to dv all others, maybe phone calls will stop

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If they have left messages like that about the DvV'ed account after signing for that DV they are in violation. Calls like that are considered collection activity.