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NO 30 day Dunning notice

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rainbowbrite
Established Member

NO 30 day Dunning notice

hi,

 

If you noticed something on your credit report from last year and just noticed now!

 

What do you do in regards to a DV and the verbage?

 

thanks

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1 REPLY 1
RobertEG
Legendary Contributor

Re: NO 30 day Dunning notice

No need to include any special verbage.  Just send your plain, vanilla DV.

 

Lack of dunning notice, while a violation of the statute if not sent within 5 days of credit reporting, is something you can address separately via complaint to the FTC of their violation of FDCPA 809(a) and/or bring your own civil action..  That alone is not basis for dispute over the accuracy of their reporting, and thus not basis for its deletion.

 

What is means today is that any DV you sent will be timely, and thus invoke the automatic cease collection bar by statute.  No need to lecture them on the statute or assert timeliness of your DV.  If they consider it untimely, either directly by stating so, or indirectly by continuing collection on the debt without having first validated, then you file an additional FTC complaint for violation of FDCAP 809(b) and/or initiate legal action for the violation.

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