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Contributor
getit2gether
Posts: 75
Registered: ‎05-30-2011
0

RPM collection ignored my DV letter!

What do I do now? what are my options if a collection agency has not provided me with

DV within the 30 days?

Please advise. Thanks

Senior Contributor
Booner72
Posts: 3,889
Registered: ‎05-24-2011
0

Re: RPM collection ignored my DV letter!

it is my humble understanding that unless you DV within the 30 day period of the Dunning Letter, then they don't have to???

 

I'm trying to DV a paid collection - and I don't have much hope they will respond.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Valued Contributor
rckstrscott
Posts: 2,660
Registered: ‎04-25-2011
0

Re: RPM collection ignored my DV letter!


Booner72 wrote:

it is my humble understanding that unless you DV within the 30 day period of the Dunning Letter, then they don't have to???

 

I'm trying to DV a paid collection - and I don't have much hope they will respond.



+1 

 

The do not have to respond to a DV unless it is in respond to a Dunning..

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX
Mega Contributor
RobertEG
Posts: 17,828
Registered: ‎03-19-2007
0

Re: RPM collection ignored my DV letter!

A debt collector does not have any period to respond to a request for DV under the FDCPA.  The 30-day period is on the consumer within which to take advantage of the cease collection bar provisions of FDCPA 809(b).

 

You have the right to send a DV request to a debt collector at any time.  However, once they send you a dunning notice, that sets a 30-day period against the consumer within which to file a debt validation notice that invokes an automatic cease collection bar against the debt collector.  If the consumer does not send their DV request within that 30-days, they can still send one, but it does not invoke a cease collection bar against the debt collector.

 

Thereafter, the debt collector is not under any period to provide the requested debt validation under the FDCPA.  One state, namely Texas, has a separate state statute that does set a period for a debt collector to respond, but unless you live in Texas, it does not apply to you. 

 

The debt collector's "penalty" for not providing the requested debt validation is that they cannot conduct further collection activities, including contacting you or reporting any additional information to a CRA, until they have provided the requested debt validation. 

 

If your DV request was timely (i.e., filed within 30 days of any dunning notice), they are under a cease collection bar, and can only contact you with the requested debt validation. 

If they decide to delay in providing it until they decide to resume active collection activities, that is their right.

 

 

 

 


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