Will DV help?

[Anonymous]

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@Anonymous wrote:
From what I've read any everything if no Dunning Notice has been received typical procedure would be to request it be removed from all CRA's by the collection agency while preparing to send the consumer a response. Especially if I sent a copy of the letter sent via certified mail to the FTC and CFPB they usually don't like to play with fire.

However if they request it to be removed and never respond it would be just removed indefinitely.

Considering one is out of the statute and the other 2 are almost out of the statute I doubt they'd sell any of them but if they did sell them I'd DV with the new company and they'd have to remove it until they send me a response and I have 30 days to analyze their response.

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At the risk of repeating myself - THERE IS NO LEGAL REQUIREMENT TO REMOVE when a DV is received. PERIOD.

[Anonymous]

Norman thank you for the clarification

[Anonymous]

"If no Dunning notice has ever been received then your DV is timely and imposes a collection bar."

This is what I'm referring to, though there may be no legal requirement it is common practice (from what I've seen and heard) to cease collection activity and request removal from the CRA's during DV period.

If not say it's already on a report then someone filed a DV (because they never received a Dunning Notice) and the Collection Agency stops trying to collect (ceases collection activity) but they just never respond and as you said, do not remove the account. What happens then you just never get a response and the account stays while your DV is thrown in the trash so to speak?

[Anonymous]

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@Anonymous wrote:
"If no Dunning notice has ever been received then your DV is timely and imposes a collection bar."

This is what I'm referring to, though there may be no legal requirement it is common practice (from what I've seen and heard) to cease collection activity and request removal from the CRA's during DV period.

If not say it's already on a report then someone filed a DV (because they never received a Dunning Notice) and the Collection Agency stops trying to collect (ceases collection activity) but they just never respond and as you said, do not remove the account. What happens then you just never get a response and the account stays while your DV is thrown in the trash so to speak?

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A few will do that, but it is by no means a "common practice".

As I indicated earlier, many bottom feeder CA's will simply place your account into the "sell" pile and move on to easier pickings once a DV is received.

[RobertEG]

To reinterate Norman's response, the DV process has no impact on any issue of removing a collection that was previously reported.

A debt collector can report a collection without any prior communication with or dunning notice to the consumer.

A request for debt validation under the FDCPA does not compel any deletion of the reported collection

It merely, if it is timely, imposes a cease further collection bar on the debt collector, which prevents further efforts to attempt collection of the debt until they have first provided validation.  The intent of the DV process is to give consumers a reprieve from collection activities until they have first received validation.  The intent is not to remove any credit reporting or require a response within any period.

As an aside, TX does have its own enhanced DV process that does compel a debt collector to delete their collection if they dont provide validation within 30 days, but that is available only to residents of TX.  It is not part of the federal DV process.

If you never received a dunning notice, then any DV you send will still be timely, as it is only by way of a dunning notice that a debt collector imposes a 30-day period for the consumer to request debt validation.