No dunning notice... Baddie just pops up

[Anonymous]

I have Addie that popped up on my cr back in January, I never received the dunning notice. Do I just dv nco for a emer visit in 2010? Since this was just added how does that affect my score? This is the only recent item...working on other baddies from 2008 - 2010

[Anonymous]

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@Anonymous wrote:
I have Addie that popped up on my cr back in January, I never received the dunning notice. Do I just dv nco for a emer visit in 2010? Since this was just added how does that affect my score? This is the only recent item...working on other baddies from 2008 - 2010

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I would definitely send them a DV immediately.  As for effecting your score, there is no way to know.  Everybody's credit situation is different.  For some who have lots of baddies, another one makes little difference.  For someone with none, a new one plummets their score.  It will have a different effect on everyone.

[RobertEG]

Since they have not provided dunning notice, any DV you send at this time will be timely, so the day they receive it will invoke an automatic cease collection bar against them.

So, yes, that is a great way to shut them down and get their attention.

If you want to be a bit more assertive in your DV, while not actually part of your DV request itself, you might want to end with a "by the way...." paragraph advising them that due to failure to have sent you timely dunning notice, they are in violation of FDCPA 809(a), and have violated your right to timely address the impact of this viewable reporting in your CR.

If you really want to be assertive, draft a complaint of their FDCPA violation addressed to the FTC, and include a cc: in your DV.

[dodgeball]

 I had a similiar situation that just popped up. Called the collection agency and they said that they sent a dunning notice to a address that I have never lived at. I dont know how this effects my situation but I am prepairing a DV letter for them. Does anybody know if this counts as a valid attempt with the dunning notice?

[RobertEG]

It would only affect you if they consider your DV to be untimely based on the passage of more than 30 days since the date of the dunning notice, and thus decide to resume collection activities prior to providing you adequate debt verification.

There is no requirement that a DV must be sent within 30-days of dunning notice, only that if it is not, the debt collector is not barred from continuing collection activities.

Usually not a major issue unless your cease collection bar is important in blocking them from reporting to the CRA or calling you.

Just send it, and let them handle the issue of resuming collection activities should the hold it to be untimely.

[SamsungHDTV]

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@RobertEG wrote:

Since they have not provided dunning notice, any DV you send at this time will be timely, so the day they receive it will invoke an automatic cease collection bar against them.

So, yes, that is a great way to shut them down and get their attention.

If you want to be a bit more assertive in your DV, while not actually part of your DV request itself, you might want to end with a "by the way...." paragraph advising them that due to failure to have sent you timely dunning notice, they are in violation of FDCPA 809(a), and have violated your right to timely address the impact of this viewable reporting in your CR.

If you really want to be assertive, draft a complaint of their FDCPA violation addressed to the FTC, and include a cc: in your DV.

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What does it mean to include a cc:? I'm in the same situation, no dunning notice from a CA that popped up recently. Can you explain this a little more?

[rckstrscott]

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@SamsungHDTV wrote:

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@RobertEG wrote:

Since they have not provided dunning notice, any DV you send at this time will be timely, so the day they receive it will invoke an automatic cease collection bar against them.

So, yes, that is a great way to shut them down and get their attention.

If you want to be a bit more assertive in your DV, while not actually part of your DV request itself, you might want to end with a "by the way...." paragraph advising them that due to failure to have sent you timely dunning notice, they are in violation of FDCPA 809(a), and have violated your right to timely address the impact of this viewable reporting in your CR.

If you really want to be assertive, draft a complaint of their FDCPA violation addressed to the FTC, and include a cc: in your DV.

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What does it mean to include a cc:? I'm in the same situation, no dunning notice from a CA that popped up recently. Can you explain this a little more?

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What Robert was implying was to CC the FTC ie send them a copy of the same letter so they are aware of the violation

-scott

[SamsungHDTV]

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@rckstrscott wrote:

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@SamsungHDTV wrote:

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@RobertEG wrote:

Since they have not provided dunning notice, any DV you send at this time will be timely, so the day they receive it will invoke an automatic cease collection bar against them.

So, yes, that is a great way to shut them down and get their attention.

If you want to be a bit more assertive in your DV, while not actually part of your DV request itself, you might want to end with a "by the way...." paragraph advising them that due to failure to have sent you timely dunning notice, they are in violation of FDCPA 809(a), and have violated your right to timely address the impact of this viewable reporting in your CR.

If you really want to be assertive, draft a complaint of their FDCPA violation addressed to the FTC, and include a cc: in your DV.

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What does it mean to include a cc:? I'm in the same situation, no dunning notice from a CA that popped up recently. Can you explain this a little more?

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What Robert was implying was to CC the FTC ie send them a copy of the same letter so they are aware of the violation

-scott

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So then to include a CC in the DV simply means to send the same item to the FTC? I guess I was thinking adding actual writing something along the lines of, "this notice has also been filed with the FTC" in the DV or something