01-27-2013 03:01 AM
Any DV you send, providing it is timely, invokes a cease collection bar on the debt collector.
If debt collector 2 just sent dunning notice, then your DV should be timely. So you invoke a cease collection bar on them.
If debt collector 1 sent dunning notice more than 30 days ago, your DV to them would not be timely and could be ignored, Additinally, if they have passed collection onto debt collector 2, they will care less about any cease collection bar. Send it if you dont know the circumstances, and let them make the decision as to whether it means anything to them.
When in doubt, send to both.
01-27-2013 08:53 AM
I like these answers. I would send the DV out to both. That way it would help to determine who still has the debt and streamline the process of getting it fixed.
01-27-2013 09:12 AM - edited 01-27-2013 09:15 AM
Thanks everyone, I'm going to dv both. I have never received a dv from pinnacle the ca on my reports, they are the agency that put a random po box number on my report that I can't get ex to remove. If the verify I will send in pfd for the same amount as settlement offer as its only 30% of balance. This one wwas my next months goal... Off to a head start I guess
01-27-2013 11:26 AM
If and when you get to the PFD offer stage, keep in mind that if the debt collector has reported to the CRA and failed to send dunning notice within 5 days thereafter, they are in violation of FDCPA 809(a).
You might consider, as part of your PFD negotiation, slipping in a statement that you note the violation but might be willing to fogo an FTC complaint provided they accept the PFD offer. Said nicely, of course, as your PFD is a form of GW request, so you dont want to sound antagonistic, but rather willing to do THEM a favor.
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