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Thanks, will get it out tomorrow!
Just print name, no signing right?
Name and address enough to find my account or do I need to provide them with anythign else?
Yep, just type and/or print name.
Your name and address should give them what they need.
Good luck.
You dont need to have received dunning notice to request debt verification.
If they did not send dunning notice, then your DV is simply timely, and invokes a cease collection bar.
The issue of lack of dunning notice after a credit inquiry is a secondary issue, pertaining to a possible violation of section 809(a).
It is unrelated to the DV itself, and needs to be separately pursued, such as by way of complaint to the FTC.
While case law has established that reporting their collection is a triggering event requiring dunning notice, I am not aware of any case law that has held that a credit report inquiry consitutes and initial communication with the consumer that triggers sending of dunning notice within 5 days. I dont think it is a clear violation on their part.
Just checked the tracking on USPS and the DV was delivered and signed for this morning.
Let the waiting, begin.
UPDATE:
Haven't received anything via the mail yet but sure am getting calls from blocked numbers now. Three or four a day. No messages being left.
Calls from the blocked number have stopped and I received a letter from NAFS today but it has left me confused. This is what it says, verbatim, all bolding/underlining included:
NAFS has received your correspondacnce questioning an entry on your credit report. Please be aware this letter is in response to your inquiry only, and is not an attempt to collect a debt.
The Fair Credit Reporting Act (15 USC 1681) provides specific purposes for requesting credit history for consumers. When NAFS requests credit history it is in accordance with permissible purpose detailed below (emphasis added for clarity)?: <--- yes it said that in the letter....
15 USC 1681b: US Code section 1681b: Permissible purposes of consumer reports
a) In general: subject to subsection (c) oof this section any consumer reporting agency may furnish a consumer report under the following circumstances and no other:
1. In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.
2. IN accordance with the written instructions of the consumer to whom it relates.
3. To a person which it has reason to believe A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of the consumer; or
Thank you for contacgint NAFS..
OKAY WHAT? I asked why they were pulling a soft on my reports and this is alll I get? Is it a legit response? Do I drop it, send something else? HELP.....
I would send them another letter and let them know you are well aware of WHY they pulled your report but you are requesting debt validation of the debt they are seeking to collect under FDCPA 809.
Thanks Guiness....question - if I keep poking them are they more likely to say "okay fine let's collect..." compared to me leaving it alone?
I'm all for sending them another letter, just don't want to provoke either.