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No Dunning Notice, Collector Already Reporting

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GameMaster1564
New Contributor

No Dunning Notice, Collector Already Reporting

What is the proper way to address this issue and what are my rights?

 

Jefferson Capital Systems have not sent any dunning notice, but they were quick to start reporting. Would sending a simple DV work?

Message 1 of 4
3 REPLIES 3
TheBDub
Established Member

Re: No Dunning Notice, Collector Already Reporting

Would be a good idea. Just make sure to not acknowledge the debt and deal with everything in writing if possible!
Starting Score(Found em!) 3/13 EX: 392 EQ:421 TU: 408
Current Score: EX: 616 EQ: 657(Fako) TU: 619 01/14/2016
Message 2 of 4
RobertEG
Legendary Contributor

Re: No Dunning Notice, Collector Already Reporting

FDCPA 809(a) requires a debt collector to send a formal collection ("dunning") notice within 5 days after an "initial communication with the consumer" regarding the debt.

It does not explicitly cite reporting to a CRA as an initial communication that triggers requirment for a dunning notice, but various courts have interpreted that reporting to a CRA does trigger dunning notice requirment.

 

If they fail to send timely dunning notice, you can file a formal complaint with the Consumer Finance Protection Bureau (CFPB), who has authority to pursue administrative violations of the FDCPA and FCRA.  They may issue a slap on the wrist, but such a complaint wont result in deletion of the reported collection.  A debt collector can report their collection prior to sending dunning notice, so the reporting itself is not a violation.

You could also, if so inclined, bring your own civil action against the debt collector for the violation.

Having discovered it rather quickly, your damages are apt to be nil.

 

In a practical sense, their current lack of dunning notice actually has an advantage to you.

Any DV request either prior to dunning notice or within 30 days of dunning notice is timely, meaning it imposes an automatic cease collection bar on the debt collector, which remains in effect until such time as the debt collector chooses to send the requested validation.

They are under no requirement to or period for sending the validation.  They can choose to simply accept the cease collection bar without any response.

 

 

Message 3 of 4
Anonymous
Not applicable

Re: No Dunning Notice, Collector Already Reporting

I actually had them. They did a PFD with me. I didn't acknowledge the debt because like you they never sent me a notice. So I had no idea it was there. I just offered to settle it, if they did a PFD. I gave no other option for them as I didn't acknowledge the debt and had no verifiable proof it was mine. In the end they agreed to PFD. Anything they said about the debt to get me to acknowledge it on the phone, I wouldn't give up any information stating it was mine. I also didn't pay for it from my account but from my girlfriend, now my wife, account too. They weren't to bad to deal with. Just wanted the $$
Message 4 of 4
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