? for sidewinder about CA

[Anonymous]

nothingman02,    PP has nothing to do with reporting  only hard pulls.

If an OC assigns or sells a collection to a CA they (CA) must notify you before they start reporting.  If they contact you by phone then they must mail a dunning letter witin 5 days.  When you receive the dunning letter....You have 30 days to disput it (DV letter). The CA can not report until they answer the DV.

If the CA is already reporting it is reversed.   You send them a DV. They have 30 days to answer the DV. If they do not answer then they must stop all collections (including reporting) until they do.

[Anonymous]

check state resources

[nothingman02]

---

HappyDays wrote:

nothingman02,    PP has nothing to do with reporting  only hard pulls.

My bad. I meant it in the general sense but realize that PP is a strict term associated with inquiries. Let me use the word 'permission' instead of PP.

If an OC assigns or sells a collection to a CA they (CA) must notify you before they start reporting.  If they contact you by phone then they must mail a dunning letter witin 5 days.  When you receive the dunning letter....You have 30 days to disput it (DV letter). The CA can not report until they answer the DV.

Im afraid I'd have to disagree. Whether the CA obtains the debt from the OC or the CA, they  do not have to notify the consumer BEFORE reporting on the CBRs. They can very well report the a/c as soon as they obtain it to the CRAs. They do however have to send a dunning letter within 5 days of initial communication.

Now,

That initial communication has been construed by some (and I agree) per the FDCPA(since its vague about it) to include placing the a/c on the CBRs. If the CA initiates contact with the consumer and the consumer DVs the CA WITHIN THOSE 30 days, then the CA CAN NOT sell the debt until they verify adequately. But if the consumer fails to DV on time, the CA CAN SELL the debt to another CA.Also, if there never has been any communication whasoever with the consumer, then IMO the CA can still sell the debt to another CA.

The point that I made and have not verified, is that the CA upon placing the a/c with the CRAs HAS TO notify the consumer - for an adverse action on the CBRs.

I do agree though that the CA, if not reporting and DVed on time, then they can not report until they provide validation.

If the CA is already reporting it is reversed.   You send them a DV. They have 30 days to answer the DV. If they do not answer then they must stop all collections (including reporting) until they do.

I am afraid I would have to disagree again. I wish you would corroborate as I have seen you make this point before as well. 

But per my understanding, the consumer can only DV within 30 days of the dunning letter whether the a/c is on the CBRs or not. That is really irrelevant.

---

Please correct me if I am wrong. In the end, its about learning the facts.

Edited to format.

Message Edited by nothingman02 on 05-02-2009 02:02 PM

[Anonymous]

I don't see anything in FDCPA that states you must wait for the dunning letter to request debt validation. But, once you have received the letter stating your rights to DV, you have 30 days and then they can consider the debt valid and not need to provide validation.

FTC has stated that reporting on one's report is collection activity. FDCPA states that collection activity must cease when they receive a DV request, until they validate.

FDCPA defines communication as relaying information concerning a debt directly or indirectly to a consumer. So, reporting is a communication. Does seeing them on your report not relay information to you concerning a debt?

[nothingman02]

---

That initial communication has been construed by some (and I agree) per the FDCPA(since its vague about it) to include placing the a/c on the CBRs.

---

I dont understand your question. I said the same thing in my post. Above is an excerpt. Notice that I said - (I agree).

[nothingman02]

---

@Anonymous wrote:

I don't see anything in FDCPA that states you must wait for the dunning letter to request debt validation. But, once you have received the letter stating your rights to DV, you have 30 days and then they can consider the debt valid and not need to provide validation.

FDCPA clearly states that the consumer must request validation within 30 days of the dunning letter in section 809. Unfortunately, as you stated it did not discuss anything about requesting validation BEFORE receiving the dunning letter.If that technicality still makes the DV valid then thats of course a good thing.

But I think its important to realize that it is very hard to prove that one DID NOT receive a dunning letter form the CA.

FDCPA states that collection activity must cease when they receive a DV request, until they validate.If, the consumer requests verification within 30 days of dunning letter - FDCPA 809 (b).

---

[Anonymous]

---

nothingman02 wrote:

---

That initial communication has been construed by some (and I agree) per the FDCPA(since its vague about it) to include placing the a/c on the CBRs.

---

I dont understand your question. I said the same thing in my post. Above is an excerpt. Notice that I said - (I agree).

---

Yes, I know you agreed. But, you mentioned that FDCPA was vague.

I was just stating that per FDCPA, it is clear that reporting is communications is all.