12-26-2012 09:32 AM
I am so upset.
I have a quick question, I moved out of the apartment complex two months ago; the complex sent a final move out notice stating I owed $30.00. It slipped my mind; I checked my credit report this morning (received alert) and a collection agency has added it to my credit report! ARGGGHH!!!! They didn't even contact me. Are they allowed to place debt on my report w/o first contacting me.?
12-26-2012 09:35 AM - edited 12-26-2012 09:37 AM
Once a debt collector has intiated communication with a consumer, including posting to their credit report, they are required to provide the consumer a collection (dunning) notice within 5 days thereafter.
They were required to have sent dunning notice within 5 days after their reporting. Failure to have done so is a violation of FDCPA 809(a).
Lack of timely dunning notice is not, in and of itself, disputable under the FCRA, as the issue is their failure to have complied with their debt collection practices obligations, not the accuracy of the reporting itself.
12-26-2012 11:08 AM
If you wish to obtain verification of the debt and impose a cease collection bar on the debt collector, then lack of dunning notice is actually and advantage.
Any DV request will impose a cease collection bar on the debt collector if sent prior to dunning notice, or within 30 days of receipt of dunning notice.
You do not have to wait for dunning notice to send a DV.
However, part of the decision as to whether to send a DV is whether you wish to begin active negotiations with them, such as a pay for delete (PFD) offer.
While under a cease collection bar, they cannot conduct negotiations.
What are your plans for addressing the actual debt? Challenge its validity, get CR deletion, wait for CR exclusion, or just satisfy the debt?
They involve very different scenarios.
12-26-2012 12:14 PM