How do I get a CA to validate instead of sending me dispute responses?

[Anonymous]

I have written three DV letters to a CA, and each of their responses is asking me to send documentation to "resolve the dispute".  However, I am not disputing the debt; I am simply asking them to validate the debt.

What do I do?

[awdsmama]

What was the wording of your DV letter, did you say you were disputing?  Did you say you were not disputing the validitiy of the debt? 

Did you by chance dispute the same acct with the CRAs?

[RobertEG]

Yeah, this seems to be the tactic d'jour being used by debt collectors, interpreting a DV as a direct dispute.

The direct dispute rules do provide them the ability to dismiss a direct dispute as lacking sufficient supporting documentation.

However, you may be able to use their interpretation against them.

The direct dispute process does NOT permit them to require more information, and keep the "dispute" open until they receive the requested information.

The rules permit them to DISMISS a direct dispute during the 30 day investigation process if their review determines that it lacks sufficient documentation to enable a reasonable investigation.  They must conclude the dispute, either by investigating or dismissing, within the period.  If they dismiss, they must identify what is considered lacking, which is quite different from suspending the dispute under a requirement that the consumer provide it.

Their tactic does not do that.  It attempts to suspend the "dispute" pending their receipt of information.

You could assert that, once the 30-day investigation period has expired, they are in non-compliance with their statutory requirement to conclude the dispute.

I would write them, stating that your letter was not a direct dispute, but rather a DV, and thus they remain under a cease collection bar as not having provided the requested validation.  Then use the above to point out to them that, if it were a direct dispute, they must conclude it within the statutory period, and you have no requirement to provide any additional information.

[Anonymous]

Hi awdsmama,

Thanks for responding so quickly.  Here are the answers your questions:

1. What was the wording of your DV letter? -- The wording was that I was requesting validation, and I repeated several times in the letter that I was requesting validation.
2. Did you say you were disputing?  -- I did not at all say that I was disputing.
3. Did you say you were not disputing the validitiy of the debt?  -- Yes, I did clearly state that I was not disputing but that I was, in fact, simply requesting validation.
4. Did you by chance dispute the same acct with the CRAs?  -- I did dispute this account with the CRA's.

Since I did dispute this account with the CRA's, do you think that is what they are responding to-the fact that I disputed with the CRA's?  However, don't they still have to validate if I am requesting that they do so?

[Anonymous]

@RobertEG,

That makes a lot of sense and gives me some direction as to what my next steps should be.  I am so frustrated because I sent my first DV letter back in September.  THANK YOU SO MUCH for your suggestions.

[Anonymous]

@RobertEG,

Should I wait until the 30-day investigation period has expired before mailing the letter which indicates that my initial letters were not a direct dispute but rather a DV, etc. or should I send it before the 30-day investigation period has expired? 

[RobertEG]

In any future DVs, it might be useful to anticipate this "mistaken" interpretation by including the following, up front, in your introductory paragraph"

This is a request for debt validation under FDCPA 809(b).  It is NOT a direct dispute of accuracy of credit reporting under FCRA 623(a)(8)."

Pretty hard to "misinterpret" a direct statement.

[Anonymous]

@RobertEG,

Actually, I did include that EXACT statement in my DV letters.

Thank you! 

[awdsmama]

RobertEG:

Since the OP did dispute the TL with the CRA directly, does that change anything here?  Sure, the DVs were apparently worded correctly....but does the CRA dispute give the CA grounds for requesting addtl info?

[awdsmama]

---

@Anonymous wrote:

@RobertEG,

Actually, I did include that EXACT statement in my DV letters.

Thank you! 

---

Out of curiousity:

When did you send your DV letters?

When did you dispute with the CRA?

Are they referencing your letters or the CRA dispute in their letters? 

I'm fairly new at all this, just curious!!