Update on DV letter to IC Systems Collections

[all9946]

Hello,

We sent a DV letter to IC Systems and cited the Texas Finance Code 392.202(b) subchapter c, because we live here in Texas to validate the debt for $44 dollars. I sent this CMRR on Jan 24th they recieved it on Jan 28th and they sent the green card back signed. I know they have 30 days to respond, we never recieved a dunning notice from them ever about this debt. I checked my wifes credit report yesterday and the collection is gone, does this mean they put it in dispute and they are just trying to validate debt? or was it taken off? I havent recieved a letter from them about anything purtaining to the DV, but collection is gone. Was wondering if anybody had any input on this.

Thanks.

[liesierre]

I was just trying to understand what happens with DV's myself, so I'm interested to hear what people have to say on this as well.

If its possible a DV will get something removed without paying it, then that would put a new light on the purpose of sending a DV first for me.

[RobertEG]

A DV request sent under the federal FDCPA imposes a cease collection bar on the debt collector until such time as they choose to provide the requested verification.

It does not require response within any specitic time, and if and when they do respond, does not require them to provide documentation or prove the legitimacy of the debt.

Failure to provide debt verification is not basis for compelling deletion of credit reporting they made prior to the DV request.

Residents of TX have a totally separate process that is similar to the fed DV process which does compel a response within 30 days.  That response does not require verification at that time, but does compel them, if they state that they have not yet obtained verification, to delete their credit reporting until such time as they do send the verification.  Then they can reinsert.  A much stronger process than the fed DV process.

[all9946]

Robert,

Does the 30 days start when they recieved the DV letter or when I sent the DV letter? Also if they dont respond within 30 days they have to remove this collection corect? I am thinking they removed it to verify and thanks for the response, hopefully it wont pop back up on my wifes credit report.

[surbee]

i've had a really positive, recent experience with IC. i sent a PFD via and then heard back within 24 hours with the result of a delete. they followed up by phone, email and then sent me a ltter by mail. and the collection was removed from my credit report as well. i found their people to be quite pleasnt... give them a call or send an email to follow up? i'm sure others will have an opinion though. 

[RobertEG]

FDCPA states that "If the consumer notifies the debt collector in writing within the thirty day period..."

You can interpret notice as mailing, not receipt.  A DV would still be timely, for example,  if the debt collector refused to accept,

The TX code provides that they must delete the information if they dont provide verification within the 30-day period, but explicitly authorizes its reinsertion after they provide the verification.  It is not an absolute deletion. 

[all9946]

Surbee,

Did you DV them first? or did you just PFD IC Systems? So you sent the PFD CMRR or just by email? the collection came off my wifes credit report, but I think they are just trying to verify the debt. Its only for $44 dollars and my wife dont remember if she owes it or not and she never recieved anything from them about collection, it only popped up after we applied for a mortgage. Did you speak to a specific person any contact help would be helpful. We would pay it if its validated its only $44 dollars, but would want them to  remove it from credit report. Thanks for the reponse.