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Will DVs have any effect after initial 30 days?

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metallicrab
Member

Will DVs have any effect after initial 30 days?

I recently got my reports; found all of my baddies. Some of them have been on there for awhile, and all of them aren't within that initial 30 day validation. Thing is that I just now became aware of most of them because of my CRs...sincerely don't remember getting the inital contact from most of them. Will DVs even be worth my time in this instance? Thanks!

Message 1 of 6
5 REPLIES 5
gdale6
Moderator Emeritus

Re: Will DVs have any effect after initial 30 days?


@metallicrab wrote:

I recently got my reports; found all of my baddies. Some of them have been on there for awhile, and all of them aren't within that initial 30 day validation. Thing is that I just now became aware of most of them because of my CRs...sincerely don't remember getting the inital contact from most of them. Will DVs even be worth my time in this instance? Thanks!


I would still DV them byt only if they are outside your states SOL.

Message 2 of 6
RobertEG
Legendary Contributor

Re: Will DVs have any effect after initial 30 days?

+1

You can send a request at any time.

Even if timely, there is no period in which the debt collector must respond.

The issue is simply whether your DV also imposes a cease collection bar on the debt collector until they have first responded.

 

If your DV is not timely, then they could continue to conduct their collection activiites without volating the FDCPA.

The effect would depend upon whether they still chose to provide validation.

Thus, if you know they sent prior dunning notice, then you would not file a complaint for continued collection activities.

 

Do you actually have a basis for contesting the legitimacy of the debt, apart from just requesting validation?

If so, unlike a DV, which does not require you to document an actual error to make a request for validation, you could alternately approach the issue by filing a dispute of the accuracy of their reporting based on some showing of laxk of legitimacy of the debt itself....

Message 3 of 6
ckdixon3629
Member

Re: Will DVs have any effect after initial 30 days?

Hello, in addition to the above information, I don't know which state you're in but if you live in Texas you can DV at any time and they must respond within 30 days. Again, if you live in Texas then google Texas Finance Code 392.202

 

Best of luck!

Message 4 of 6
metallicrab
Member

Re: Will DVs have any effect after initial 30 days?


@RobertEG wrote:

+1

You can send a request at any time.

Even if timely, there is no period in which the debt collector must respond.

The issue is simply whether your DV also imposes a cease collection bar on the debt collector until they have first responded.

 

If your DV is not timely, then they could continue to conduct their collection activiites without volating the FDCPA.

The effect would depend upon whether they still chose to provide validation.

Thus, if you know they sent prior dunning notice, then you would not file a complaint for continued collection activities.

 

Do you actually have a basis for contesting the legitimacy of the debt, apart from just requesting validation?

If so, unlike a DV, which does not require you to document an actual error to make a request for validation, you could alternately approach the issue by filing a dispute of the accuracy of their reporting based on some showing of laxk of legitimacy of the debt itself....


Thanks for the info! There are a few baddies that I plan to PFD because I know they're legit. However, there are several on my reports that are reporting inaccurately. For instance, I had a auto loan go bad. The OC charged-off and sold to Sandtander. OC reports 0 balance as they should. However, Santander's reporting info is entirely different than the OC's...especially payment history and payment amount. That being said, the OC TL is set to fall off later this year; should Santander fall off then, too?

Message 5 of 6
marathonmama24
Regular Contributor

Re: Will DVs have any effect after initial 30 days?



Do you actually have a basis for contesting the legitimacy of the debt, apart from just requesting validation?

If so, unlike a DV, which does not require you to document an actual error to make a request for validation, you could alternately approach the issue by filing a dispute of the accuracy of their reporting based on some showing of laxk of legitimacy of the debt itself....

 

Could you tell me more about this? I'm in the same boat, and I'm not sure how to proceed. Thanks!!

 

Message 6 of 6
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