Refresh my memory on debt validation

[qtssima]

I have an Experian entry from a CA who I sent a debt validation letter to and I got no response.

When disputing the entry with Experian, I provided copies of the letter requesting validation, and the Return Receipt. Experian has noted that I have disputed the debt, but the debt is still there. Will it ever be removed? Should I try disputing again? It has been awhile since I have had to do any credit repair, so I am a little rusty. Thanks!

[KnewBee]

Hi! I am not an expert on this, but since no one else had responded, I will try since i have done a lot of reading on this. Did you ever receive an initial dunning letter on the debt and if so when? If you did not then you may have an FDCPA violation as a DV letter is considered timely if you never received a dunning notice from the CA.  Your next step from what I have read would be to send a second request to the CA  and/or you can file a complaint with the Better Business Bureau. Also I would reccomend you do a web search on the particular CA as there is often information about what strategies work best for particular CAs. If you are comfortable posting the name of the CA here, you may want to do that as others here may be able share what has worked for that particular CA. If you did receive an initial dunning letter and did not respond within 30 days, please advise, you may still have some other options depending on if the collection information is accurate or inaccurate and how it is being posted. I hope this helps! 

[Shogun]

Hello and welcome to the forums.

First off, was the DV sent in a timely manner?  Within 30 days of your first dunning notice?  Second off, even if it was, have they responded and validated the debt?  The DV if timely would only prevent them from collecting on the debt.  It would not require the removal of any previous postings to your CR.  

[qtssima]

The CA in question is Portfolio Recovery Associates. The dunning notice was dated May 10, 2010.  I sent the DV on May 24, 2010 CM-RRR.  The return receipt is postmarked May 29, 2010.  They never responded or validated the debt.

That is what I needed to be refreshed on - I thought if the debt was not verified, they could not report it. So Experian noting that I have disputed the debt is as far as this can go without me offering to pay the debt in some way?

[qtssima]

Sorry - I left out  the entry is being reported as a past due collection account as of Aug 2011.

[Shogun]

Did they post to your CR after the DV or before.  If it was already on there, then it doesn't have to be removed.  If it was placed after the DV, then this is an attempt to collect on the debt and is an FDCPA violation.

[qtssima]

On the report, it says Date Opened April 2010,  Reported Since June 2010. Unfortunately, that is all I have to go on since I didn't look at my CR until recently.

How do you think I should proceed from here?

[RobertEG]

The fact that they have chosen not to respond to the DV, even if timely, is not a violation of the FDCPA.

A debt collector, upon receiving a timely DV,  is required under FDCPA 809(b) to cease collection on the debt until such time as they chose to provide the requested verification/validation. 

A violation of the FDCPA would occur should they continue any collection on the debt without having provided verification.

"Dispute" of a debt under the DV process is not the same as a dispute over accuracy of their credit reporting under the FCRA.

DV requests require no supporting documentation or assertion of any inaccuracy, whereas a dispute under the FCRA imposes such a requirement on the consumer.

Failure to have responded to a DV is neither, in and of itself, a violation of the FDCPA, or a basis for dispute with the CRA.

CRAs are not a party to the DV process.

[qtssima]

Ok - I think I get it. I will start a diff thread on dealing with the CA. Thank you for all your help.

[Shogun]

Portfolio really just kind of does whatever they want to.