@PayYouNever wrote:
Back in February of last year, I received a dunning letter from West Asset Management for a disputed amount for a Spirit Wireless Bill. I DV'd West Asset, and they never got back to me -- in writing -- they kept calling. Now I receive a letter rfom West Asset stating that I owe the original disputed amount plus dual early termination fees!!!
What are my rights, if I don't get a response from a DV within 45 days?
As Robert states, your rights derive from the FDCPA 809.
File immediately complaints with the BBB (online), the AGs in your and the CA's states (online or download and fax a form), and with the FTC (online at www.ftc.gov - not the FCC which is another thing)
keep the complaints brief: "I sent DV letter per FDCPA 809 to CA X on xx\xx\xx, they received it on XX\XX\XX. They never responded to validation but continued collection effort in clear violation of the FDCPA by making several calls and sending more collection notices for this unvalidated alleged debt."
after the complaints, send short letter to CA: "I sent you DV letter per FDCPA 809 on xx\xx\xx, You received it on XX\XX\XX. You never responded to validation but continued collection effort in clear violation of the FDCPA by making several calls and sending more collection notices for this unvalidated alleged debt. From today I will hold you in willful violation of the FDCPA for continuing collection activity without providing validation to this alleged debt."
Wait 10 days for their response and check if the collection has been removed from the CRAs.
If you haven't received validation and the collection is still on your credit report, send a ITS letter to the CA asking for $1,000 per violation (each CRA they report this to), and give them 7 days from receipt to remove.
after 7 + 5 days, if not gone and have not received validation, file suit in small claim court in your district and serve notice to the CA as per your court clerk guidelines.
