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No response to DV letter, now what?

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Anonymous
Not applicable

No response to DV letter, now what?

There was an account I sent a DV letter to - was actually an unpaid parking ticket in DC that went to collections.  Only I've never parked in DC... lol  So it's definitely not mine.  Well, I sent it certified mail, and the return receipt shows the date of delivery as 8/24/15.  I haven't heard from them, received anything from them and it's been well over the 30 days.  

 

Now what do I do?  Do I contact the CRA and say there's been no response with copies of everything I sent them? and the return receipt?  

 

Looking forward to having this come off my report!  THANKS IN ADVANCE!

Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: No response to DV letter, now what?

I vote...yes.

Message 2 of 6
Anonymous
Not applicable

Re: No response to DV letter, now what?


@Anonymous wrote:

There was an account I sent a DV letter to - was actually an unpaid parking ticket in DC that went to collections.  Only I've never parked in DC... lol  So it's definitely not mine.  Well, I sent it certified mail, and the return receipt shows the date of delivery as 8/24/15.  I haven't heard from them, received anything from them and it's been well over the 30 days.  

 

Now what do I do?  Do I contact the CRA and say there's been no response with copies of everything I sent them? and the return receipt?  

 

Looking forward to having this come off my report!  THANKS IN ADVANCE!


There is no requirement to respond to a DV.

You need to send a FCRA 623 Direct Dispute to the CA, asserting an innaccuracy, in that they have misidentified the owner of the debt. Direct dispute DOES have a 30 day response window. Should they still claim it is you that owes the debt, then use FCRA 605B ID Theft provision to get it removed.

Message 3 of 6
RobertEG
Legendary Contributor

Re: No response to DV letter, now what?

Sending of a DV request imposes no period for or requirment to provide debt verification.

Providing the DV itself is timely, meaning it is sent by the consumer prior to expiration of 30 days from the debt collector's dunning notice, its effect is that it imposes a cease collection bar on the debt collector, which remains in effect until such time as the debt collector chooses to send the requested verification.

They can choose to simply cease further colleciton activities and never respond.

There is no violation based on lack of response within any set time period.

 

Additionally, the DV process is a debt collection practices matter under the FDCPA, and not a credit reporting matter uder the FCRA.  The CRAs are not involved in  the process.  A DV can be sent without any prior credit reporting, and thus any issues related to the process are not disputable under the FCRA.

 

You have obtained, if the DV is timely, the cessation of collection activites. 

Message 4 of 6
Anonymous
Not applicable

Re: No response to DV letter, now what?

Wait? I am confused now... I've read this forum many times about debt validation and people are saying they are using it to remove the account from their credit reports.  

 

Are you saying that is not at all the point of a DV when the debt is unknown to you?

Message 5 of 6
RobertEG
Legendary Contributor

Re: No response to DV letter, now what?

Yes, that is what I am saying as for requried response.  The DV process is intended to provide consumers with validation if they dont recognize a debt, but it does not require the debt colector to do so within any period.

Many people misinterpret and misapply the DV process, specifically in their assumption that it requires response with validation within a set period, and lack of response requires deletion of their credit reporting.  To the contrary, neither the FCRA nor the FDCPA impose any requirment to delete credit reporting based on the DV process.

 

The legislative history of the FDCPA makes it clear that the intent of the DV process as set forth in FDCPA 809 is to provide consumers with a reprieve from active collection hassles from debt collectors by providing a cease collection bar if the consumer sends a DV request within 30 days after dunning notice.

 

The statute and decades of case law clearly recognize no requirement to respond to a DV sent under the FDCPA.

 

Two states (NY and TX) have passed their own versions of debt collection practices statutes that do include requirments to respond to a DV.

Only the Texas version also includes a requirment that the debt collector must delete their collection if they do not provide validation within 30 days, but permits them to reinsert once they do send validation.

Message 6 of 6
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