topic Re: Cap One CO question in General Credit Topics

Cap One CO question

llecs — Sat, 01 Dec 2007 04:21:32 GMT

I pulled DW's CRs and it showed a CO from Capital One for around $750. On September 25, I sent a PFD in full to CapOne and they responded with just an accounting of the account and that I would have to contact the CA, who is NCO. Like clockwork, NCO sent a dunning letter around Oct. 7. I responded three weeks later with a DV. Their 30 days expires next week.

To date, NCO hasn't responded, but Capital One sent a letter today pointing out that we were dissatisfied with their previous response. I never responded to their PFD response. Could this be NCO's attempt at a DV response? It is on CapOne letterhead. Could this response to the DV be valid and can an OC respond to a CA?

DOFD is 8/04 and I'm in VA, so..5 years for SOL. I'm willing to PFD in full, but I don't want to reset for another 7. Thoughts anyone?

Edit: To clarify, only the OC is on each CR as a CO, not NCO.

Message Edited by llecs on 11-30-2007 08:21 PM

Re: Cap One CO question

llecs — Mon, 03 Dec 2007 23:59:22 GMT

Anyone...Anyone...

Re: Cap One CO question

Anonymous — Tue, 04 Dec 2007 00:07:26 GMT

IMO, a FULL & ACCURATE Dv response contains more than the account info. It must also have a copy of the signed contract, they must prove that the CA has the right to collect, and (if required) that they are licensed to collect in your state. I am standing on the lastto demand a removal from CRAs.... we'll see how that goes.....

My reason is that: prove that you are legally entitled to collect this from me and that you can legally do this in my state (license and bond required)

Message Edited by Lady_Scarlet on 12-03-2007 07:07 PM

Re: Cap One CO question

Anonymous — Tue, 04 Dec 2007 00:39:18 GMT

I have a med OC that is saying that a DV is a resusal to pay - it is ONLY ASSERTING YOUR RIGHTS UNDER LAW.

Don't be intimidated by them - make the CA validate or they have to remove. And validation from a CA is more than a copy of the account.

Re: Cap One CO question

llecs — Tue, 04 Dec 2007 15:51:48 GMT

Lady_Scarlet wrote:
I have a med OC that is saying that a DV is a resusal to pay - it is ONLY ASSERTING YOUR RIGHTS UNDER LAW.

Don't be intimidated by them - make the CA validate or they have to remove. And validation from a CA is more than a copy of the account.

Thanks for the input. I spent the last day scouring the FDCPA. I cannot find any instance where the OC can answer a DV on behalf of the CA. The CA has 30 days to respond and day 30 ends tomorrow. At least they never reported to the CRAs.

In your opinion, does the 30 day response period by the CA start when they signed for the DV CMRR or when the letter was mailed?

For the record: I'm more than open to a PFD in full. CapOne rejected it and said they won't accept any payments and that I need to talk to the CA. Frankly, I was hoping that the CA would respond to the DV so I could consider a PFD. I just have to get CapOne to stop reporting.

Message Edited by llecs on 12-04-2007 07:51 AM

Re: Cap One CO question

Anonymous — Tue, 04 Dec 2007 15:51:28 GMT

Just to clarify-

You have 30 days to send a DV- they must immediately cease all collection activities until they validate. They can take an unlimited amount of time to validate your debt, they however can not peruse ANY collection activities (including updating or responding to CRA disputes) until the validate.

The CMRRR is valid in court and to the CRA that it was sent and they received it.

@llecs wrote:

@Anonymous wrote:
I have a med OC that is saying that a DV is a resusal to pay - it is ONLY ASSERTING YOUR RIGHTS UNDER LAW.
Don't be intimidated by them - make the CA validate or they have to remove. And validation from a CA is more than a copy of the account.

Thanks for the input. I spent the last day scouring the FDCPA. I cannot find any instance where the OC can answer a DV on behalf of the CA. The CA has 30 days to respond and day 30 ends tomorrow. At least they never reported to the CRAs.
In your opinion, does the 30 day response period by the CA start when they signed for the DV CMRR or when the letter was mailed?

Re: Cap One CO question

llecs — Tue, 04 Dec 2007 16:03:52 GMT

Timothy wrote:
Just to clarify-

You have 30 days to send a DV- they must immediately cease all collection activities until they validate. They can take an unlimited amount of time to validate your debt, they however can not peruse ANY collection activities (including updating or responding to CRA disputes) until the validate.

Thanks for the correction. I see that now in 809(b). So I take it if the CA reports to the CRA prior to responding to the DV, then they are in violation.