No Notice Of Collection

[cdub69]

I moved in June 2010.I sent my address to all my creditors just got a credit alert with two collections.One is from AT&T for which I still have service with and with a water company that never sent a final bill was never notified by the OC or the CA,that this was going on my credit report.Should I just send a DV letter or is there another letter stating that they violated for my rights by reporting to CRA without notice?

[andibogard]

DV them anyways. If they did actually send notice to your old address or some other address, it most likely wasn't too long ago that they can argue you received the dunning letter more than 30 days ago. I think it might be hard to prove they never sent a letter and even more difficult to get them to admit they sent it in the first place. Someone may want to chime in here, but I think they're only required to make a reasonable attempt to contact you.

[RobertEG]

They dont have to send any notice to you prior to posting a colllection in your CR.

The FTC has held that posting to your credit report is considered an "initial communication with a consumer" within the meaning of FDCPA 809(a), and thus triggers their requirement to send you a written collection (dunning) notice within 30-days of posting to your CR.  When did these collections first report to your CR?

Violation of the timely collection notice requ9irement of FDCPA 809(a) means that you do not have any set 30-day period running against you for timely response.

However, I would definately go ahead with a DV without first getting any resolution of the collection notice issue.

Yuu cant dispute lack of receipt of a collection notice.  This is not an issue under the FCRA, and is not an item of information in your credit file.  The CRAs are not a party to this process.

Violations of failure to send a timely collection notice are handled by way of complaint to the FTC, who admisinters the FDCPA.  However, I am not aware of a single case where the FTC has taken action against a debt collector for such violation in over a decade. It is not a priority issue for them.

This wlll only become an issue in the event that they feel they did send a timely collection notice more than 30-days ago, and then refuse to validate a later DV letter on the grounds of untimeliness.  I doubt they would do that.  Just DV now, and put that issue to rest.

[MarineVietVet]

---

@RobertEG wrote:

They dont have to send any notice to you prior to posting a colllection in your CR.

The FTC has held that posting to your credit report is considered an "initial communication with a consumer" within the meaning of FDCPA 809(a), and thus triggers their requirement to send you a written collection (dunning) notice within 30-days of posting to your CR.  When did these collections first report to your CR?

Violation of the timely collection notice requ9irement of FDCPA 809(a) means that you do not have any set 30-day period running against you for timely response.

However, I would definately go ahead with a DV without first getting any resolution of the collection notice issue.

Yuu cant dispute lack of receipt of a collection notice.  This is not an issue under the FCRA, and is not an item of information in your credit file.  The CRAs are not a party to this process.

Violations of failure to send a timely collection notice are handled by way of complaint to the FTC, who admisinters the FDCPA.  However, I am not aware of a single case where the FTC has taken action against a debt collector for such violation in over a decade. It is not a priority issue for them.

This wlll only become an issue in the event that they feel they did send a timely collection notice more than 30-days ago, and then refuse to validate a later DV letter on the grounds of untimeliness.  I doubt they would do that.  Just DV now, and put that issue to rest.

---

Robert I'm confused (which seems pretty constant when it comes to money matters). I thought the CA's had a 5 day window to send a dunning letter once initial contact has been made. Is there an exception when the initial communication is posting to a credit report?

I don't know. I'm just asking.

From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800, 10/10-813
TU - 10/10-774
You can do the same thing with hard work

[RobertEG]

You are, as usual, correct!!!!

Yes, it is 5-days from initial communication under FDCPA 809(a) . and not 30-days!  No distinctions between the form of the intiial communication..

Thanks for clarifying my error..