So I have now sent 3 DV letters to Midland and Calvary, all CRRR and they still have not responded and continue to update the collection on my reports monthly. I know that they don't have to respond but what course of action do I have to get this resolved? Both are outside of SOL and both have verified CRA disputes even after they have received the DV letters. It's like I'm stuck. Where do I go from here? They seem willfully non-compliant and perfectly happy to just ignore my request while continuing to report to the CRAs
Starting Score: 533
If the DV was outside of the 30 day dunning though am I screwed? I've never heard from Calvary and I received like one letter from Midland a year ago
Yeah here is the FTC Opinion on it
II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls.
Basically it only addresses DVs within the initial 30 day dunning I believe. All Midland or Calvary have to do is prove that they have a "process" to send out the letters - not whether I have received them or if they even sent them. I was thinking about sending a psycho ITS letter but I'm not sure if it would be any different. Here's what I have so far:
Sir/Madame
On 03.05.2010, I sent correspondence to your company requesting validation of a debt that you claim that I owe. That correspondence was received by your company on 03.11.2010. On 04.05.2010 I sent you a second request for validation of this debt. That correspondence was received by your company on 04.12.2010. To date, I have not received validation of this debt or any correspondence from your company. Yet even though you have now failed to provide the requested validation of this debt twice, you continue to engage in active debt collections by:
A) Continuing to report this fraudulent tradeline to all three credit bureaus (most recently, 04.21.2010 to TransUnion)
B) Validated disputes of this fraudulent tradeline even after your receipt of the requests for validation and prior to providing the requested validation.
My patience in this matter is now exhausted by your willful non-compliance of the FDCPA as well as the FCRA :
II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?" As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls.
As I have never received communication from your company and only found this supposed obligation as a result of a review on my credit report, my initial request was well within the initial 30 days.
Understand, this is my third and final request for validation of this debt which is completely unknown to me. Either provide the following validation of this disputed debt within 10 days of the receipt of this certified letter or immediately remove it from all credit bureaus in which it appears.
Provide me with the following:
- What the money you say I owe is for;
- Explain and show me how you calculated what you say I owe;
- Provide me with copies of any papers that show I agreed to pay what you say I owe;
- Provide a verification or copy of any judgment if applicable;
- Identify the original creditor;
- Prove the Statute of Limitations has not expired on this account
- Show me that you are licensed to collect in my state
- Provide me with your license numbers and Registered Agent
Should you elect to continue to ignore this request as you have done the previous two, understand that it is my intent to contact an attorney and hold your company accountable and liable for any and all violations.