I sent a DV letter to a CA that never sent a dunning letter

[Anonymous]

 A CA reported to my wife's CR back in October.   She never received a Dunning letter.      

Not knowing about having to receive a dunning letter within 5 days of the CA reporting we sent a DV letter to the CA.

They of course have not responded but it hasn't been quite a month yet.

I am now wondering if I/we screwed up with the sending of a DV letter and if so what recourse can we take now.

Thanks

[RobertEG]

No, you did not screw, up, they did.  Sending a DV letter without a prior dunning notice from the CA is a common mistake, but it will not harm you.

All it tells them is that you know they are peeking at you. No harm to you.

They have apparently already violated the FDCPA by not dunning you within 5 days of their CRA posting.

By posting with a CRA, they have now opened up the door for you to dispute the entry with the CRA under section 611(a) of the FCRA.

So file a dispute with the CRA of the CA entry in your file.  Ask for varification, and also be sure to request, in your CRA duspute letter, for a full "description of the procedure used to determine the accuracy and completness of the information," pursuant to section 611(a)(6)(b)(III) of the FCRA.

[Anonymous]

I would not do anything until the time is up or they answer the DV.

If they do not answer the DV, I would file a complaint with the BBB, your AG, and the FTC.

IMO, don't dispute with the CRA unless you absolutely have to, it rarely does any good.

[Anonymous]

After the DV time is up, and after the complaints have been filed with AG, BBB and FTC, it would not harm to send the CA an ITS letter for violation of FDCPA 809, and file suit in Small Claims - go get money out of them before they get them out of you.

I also found that getting a CA to be found guilty of a FDCPA violation in any court, is ground for barring the CA's activities for two years in some states, like Washington. So CAs have a HUGE incentive to settle out of court in these states.