The main consideration, in my opinion, is whether or not you are seeking to block any current collection activity until they DV. If they have not yet posted in your CR, they are blocked from posting in your CR until they validate. The DV process is one under the FDCPA that is directed at blocking colllection activity until they validate. The CA does not even have to respond to it.
Posting in your CR is not all bad. Sure, it hurts you score in the short term, but if you feel that it is not legitimate, posting in your CR opens up to you the dispute resolution processes of the FCRA. This includes the right to dispute through the CRA under FCRA 611(a), and/or the right to dispute directly with the CA under FCRA 623(a)(8), both of which require verification within 30 days, so unlike a DV letter, they cannot simply ignore it.
Also, once a CA reports to your CR, that sets a 90-day period under section 623(a)(5)(A) in which they must provide to the CRA the DOFD on the OC account that led up to the collection. If they report a "re-aged" date, they you can also dispute with the CRA for violation of FCRA section 623(a)(A).
If you then want to know what DOFD is being used by a CA in their activities, all you havve to do is wait 90 days after they post in you CR, and then send a request (NOT a dispute) with the CRA under FCRA section 609(a)(1), which requires them to furnish FCRA 623(a)(A) date reported by the CA to your file.
Because it opens up your FCRA righrts, that is why some CAs arent always anxious to post with the CRA. It gives you a lot of ammunition.
Message Edited by RobertEG on 11-17-2008 08:39 PM
Message Edited by RobertEG on 11-17-2008 08:54 PM
