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Question regarding DV letters

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Blazesian
New Contributor

Question regarding DV letters

Hello,

 

I have a question. I read a post saying as soon as you receive collection letters you should immediately send a debt validation letter.

I have also read that when a debt validation letter has been sent all collection activity must be ceased until they validate. 

 

If this is true, should I wait to send the DV letter for three weeks to push back it reporting to my credit? I will not have the full payment upfront immediately and will need at least 30 days to gather it. I do not want anything FURTHER being reported while I am trying to pay off what IS on my report.

 

The letter I was sent from Franklin Collection Services said they will report 30 days from the notice I received. 

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Question regarding DV letters

Whether or not to send a DV request depends upon your circumstances. 

It is not something you should always do.

 

If you send your DV within 30 days after the date of a dunning notice from the debt collector, it will impose an automatic cease collection bar on the debt collector.

However, there is no period within which the debt collector must provide validation.  They can choose to never send validation, and as long as they dont continue active collection on the debt, there is no violation.

Thus, if you have a valid debt and wish to seek negotiations on payment, such as a settlement for less or a pay for delete offer, it may be preferable not to impose a cease collection bar, and immediately pursue either a settlement or pay for delete negotiation.

 

Yes, the debt collector can always choose to report their collection at any time prior to receipt of a timely DV request, but if they dont report prior to sending dunning notice, it is not likely that they will report prior to expiration of the 30 day DV period.  It is a chance you take if you decide not to send a timely DV.

If concerned about their reporting, you may wish to "feel them out" by making a telephone pay for delete request, thus leaving time, if they firmly decline, to still send a timely DV.

 

There is no "you should always send a DV"

Message 2 of 4
RobertEG
Legendary Contributor

Re: Question regarding DV letters

Whether or not to send a DV request depends upon your circumstances. 

It is not something you should always do.

 

If you send your DV within 30 days after the date of a dunning notice from the debt collector, it will impose an automatic cease collection bar on the debt collector.

However, there is no period within which the debt collector must provide validation.  They can choose to never send validation, and as long as they dont continue active collection on the debt, there is no violation.

Thus, if you have a valid debt and wish to seek negotiations on payment, such as a settlement for less or a pay for delete offer, it may be preferable not to impose a cease collection bar, and immediately pursue either a settlement or pay for delete negotiation.

 

Yes, the debt collector can always choose to report their collection at any time prior to receipt of a timely DV request, but if they dont report prior to sending dunning notice, it is not likely that they will report prior to expiration of the 30 day DV period.  It is a chance you take if you decide not to send a timely DV.

If concerned about their reporting, you may wish to "feel them out" by making a telephone pay for delete request, thus leaving time, if they firmly decline, to still send a timely DV.

 

There is no "you should always send a DV"

Message 3 of 4
Blazesian
New Contributor

Re: Question regarding DV letters


@RobertEG wrote:

Whether or not to send a DV request depends upon your circumstances. 

It is not something you should always do.

 

If you send your DV within 30 days after the date of a dunning notice from the debt collector, it will impose an automatic cease collection bar on the debt collector.

However, there is no period within which the debt collector must provide validation.  They can choose to never send validation, and as long as they dont continue active collection on the debt, there is no violation.

Thus, if you have a valid debt and wish to seek negotiations on payment, such as a settlement for less or a pay for delete offer, it may be preferable not to impose a cease collection bar, and immediately pursue either a settlement or pay for delete negotiation.

 

Yes, the debt collector can always choose to report their collection at any time prior to receipt of a timely DV request, but if they dont report prior to sending dunning notice, it is not likely that they will report prior to expiration of the 30 day DV period.  It is a chance you take if you decide not to send a timely DV.

If concerned about their reporting, you may wish to "feel them out" by making a telephone pay for delete request, thus leaving time, if they firmly decline, to still send a timely DV.

 

There is no "you should always send a DV"


 I am beyond late to responding, and I apologize for that. I truly appreciate your response! 

Message 4 of 4
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