topic Re: Dispute - DV in Rebuilding Your Credit

Dispute - DV

Anonymous — Fri, 04 Mar 2016 18:56:20 GMT

I understand that I have 30 days after I receive a notice from the CA to request a validation of debt.

What if I never received a letter from the CA about the debt and did not find out about the debt until I did a credit report?

Do i still have the option to request debt validation?

Re: Dispute - DV

RobertEG — Fri, 04 Mar 2016 19:06:11 GMT

Yes.

In fact, you can request debt validation at any time, regardless of the 30-day period under FDCPA 809.

The timeliness issue only determines the legal impact of your DV on the debt collector.

If timely, meaning it is sent either without prior dunning notice or within 30 days of dunning notice, then it imposes a cease collection bar on the debt collector, which remains in effect until such time as they choose to send validation. They have no requirement or period to send validation. The requirement is to cease further collection activities.

If untimely, they can contine business as usual,with no need to respond.

Re: Dispute - DV

Anonymous — Fri, 04 Mar 2016 19:11:13 GMT

So what your saying is:

If its past 30 days, ..... I can request it, but they have no obligation to respond.

Re: Dispute - DV

RobertEG — Fri, 04 Mar 2016 19:17:11 GMT

Yes.

In fact, they never have a requirment to respond.

They can choose, even if timely, not to respond, and simply cease collection activities until such time as they choose to provide validation.

Some states, such as Texas, have their own versions of debt validation that do require a response within a set period, and deletion of their collection if they delay in sending validation. That is not a requirement under the federal FDCPA.

Re: Dispute - DV

Anonymous — Fri, 04 Mar 2016 19:23:07 GMT

I see.

Yes. - understood

In fact, they never have a requirment to respond. - understood.

They can choose, even if timely, not to respond, and simply cease collection activities until such time as they choose to provide validation. -

if i send a DV letter assuming i never was sent a "dunnings" because I never seen one. Does this DV letter require them to cease collection activity?

if collection activites are "ceased" does this require them to remove it from my credit report?

Re: Dispute - DV

RobertEG — Fri, 04 Mar 2016 19:31:59 GMT

If they never sent dunning notice, then there is no issue of timeliness of your DV.

The issue of timeliness only comes into play if they send a dunning notice. A required provision of any dunning notice is the advisement of your 30-day period.

No dunning notice, no 30-day period, and thus the DV imposes a cease collection bar.

Sending of a timely DV only applies to further collection activities. It is not retroactive to collection activites conducted prior to your DV, as explicitly stated in FDCPA 809(b).

Thus, a DV does not require deletion of their previously reported collection. A debt collector is free to report their collection to a CRA prior to sending dunning notice.

Re: Dispute - DV

Anonymous — Fri, 04 Mar 2016 19:37:38 GMT

Okay,

So i send my DV request in a timley manner, the CA ceases all collections and never sends me a validation.

Now the account just sits there?

at this point cant i send a letter to the CRA stating that the CA never validated the debt, has ceased collection activites...

cant i request that the CRA remove this from my report, due to insufficent proof of this being a valid debt that is owed by me?

Re: Dispute - DV

RobertEG — Fri, 04 Mar 2016 19:47:32 GMT

No.

The CRAs are not party to the debt valiation process. It is a debt collection practices matter under the FDCPA,, not a credit reporting matter.

Lack of validation is not a basis for deletion of their reporting under either the FCRA or FDCPA.

However, if you reside in Texas, there is a requriment under their debt collection practices statute that if the debt collector does not validate within 30 days, the debt collector must delete their reported collection, but may reinsert once they do send validation.

That is not a provision under the federal FDCPA.

Re: Dispute - DV

Anonymous — Fri, 04 Mar 2016 19:49:05 GMT

i just ran across this letter.

Date

Your Name
Your Address

Credit Bureau
Bureau Address

RE: Account XXXXX-XXXX-XXXXX

To Whom it May Concern,

I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with you, and you have come back to me and stated you were able to verify this debt. How is this possible? Under the laws of the FDCPA, I have contacted the collection agency myself and have been unable to get them to verify that this is indeed my debt.

I enclose copies of my requests to the collection agency, asking them to validate my debts, and the receipts showing that I sent these letter certified signature request. This debt is not mine and I was given no evidence of my obligation to pay this debt to this collection agency.

The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove this item before I am forced to take legal action.

In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.

I look forward to an uneventful resolution of this matter.

Sincerely,

Your Signature
enclosures

thoughts on this? would something like this work?

Re: Dispute - DV

Anonymous — Fri, 04 Mar 2016 20:07:49 GMT

@Anonymous wrote:
i just ran across this letter.

Date
Your Name
Your Address
Credit Bureau
Bureau Address
RE: Account XXXXX-XXXX-XXXXX
To Whom it May Concern,
I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with you, and you have come back to me and stated you were able to verify this debt. How is this possible? Under the laws of the FDCPA, I have contacted the collection agency myself and have been unable to get them to verify that this is indeed my debt.
I enclose copies of my requests to the collection agency, asking them to validate my debts, and the receipts showing that I sent these letter certified signature request. This debt is not mine and I was given no evidence of my obligation to pay this debt to this collection agency.
The FCRA requires you to verify the validity of the item within 30 days. If the validity can not be verified, you are obligated by law to remove the item. There is a clear case of unverified debt here, and I urge you to remove this item before I am forced to take legal action.
In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for actual damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA.
I look forward to an uneventful resolution of this matter.
Sincerely,
Your Signature
enclosures

thoughts on this? would something like this work?

No, it is not accurate in it's claims of what is required under FCRA. Might work again some mom and pop collection outfit thats not fully familiar with FCRA, but any knowledgeable collector will know better.

Re: Dispute - DV

Anonymous — Fri, 04 Mar 2016 20:15:57 GMT

This letter is apparently supposed to be sent to the credit bureau?

I’m assuming this is not something that should be sent to the bureau

Re: Dispute - DV

RobertEG — Sat, 05 Mar 2016 07:43:14 GMT

You are now shifting gears, and putting together a dispute of the accuracy of credit reporting under the FCRA.

Such disputes, unlike DV requests under the FDCPA, require the consumer to provide some basis for assertng that the debt is not valid.

The CRA is required to conduct a reinvestigation of accuracy of reported information only if the consumer provides some showing of how it is inaccurate that supports conduct of an investigation by the furnisher, and reinvestigation by the CRA.

The CRAs are NOT a party to the debt validation process under the FDCPA, and lack of response to a DV request does NOT establish any showing of inaccuracy of their reporting of their collection to the CRA. There is no requirment ot respond to a DV, and thus no presumption that lack of a response establishes anything.

If you send the cioy of the "dispute" to the CRA, they can dismiss it as lacking any basis for reinvestigation of the accuracy of the reporting of the collection.

You need to submit some showing that is subject to investigation in order to require investigation of the validity of the debt.

A mere assertion or an argument that they have not responded to a DV request does not cut it.

Re: Dispute - DV

Anonymous — Mon, 07 Mar 2016 18:26:54 GMT

you say.

"You need to submit some showing that is subject to investigation in order to require investigation of the validity of the debt." im osrry, can you explain this further? im not following.

thanks! your info is of great help!

Re: Dispute - DV

RobertEG — Mon, 07 Mar 2016 18:49:39 GMT

A request for debt validation under the FDCPA does not require the consumer to identify any actual inaccuracy or provide any supporting documentation in order to request debt validation. Only the simple statement that debt validation is requested under FDCPA 809(b).

There need be no credit reporting by the debt collector, and a DV request is not an assertion of inaccuracy in any reporting to a CRA.

However, the dispute process under the FCRA is for the correction of information reported to a CRA.

It requires the consumer to specifically identify the information that is asserted to be inaccurate, and to provide sufficient supporting information to enable the furnisher and the CRA to conduct an investigation of teh asserted inaccuracy. A simple statement that one disputes is not sufficient to support a disptue. Absent any documentation in support of the dispute, it can be dismissed without investigation as lacking adequate support of an assertion of inaccuracy.