topic Re: Dunning letter is missing info in Rebuilding Your Credit

Dunning letter is missing info

Anonymous — Fri, 16 Mar 2018 22:58:10 GMT

I think I got a dunning letter from Transworld systems today but unlike some other letters I’ve seen from other CAs, this one does not state that I have 30 days to request validation. Is that normal? I don’t recall when this debt first became delinquent and would only want to know that date in order to see if it’s still in SOL. I’ve read that requesting DV can actually backfire.

Re: Dunning letter is missing info

Anonymous — Fri, 16 Mar 2018 23:45:35 GMT

Is this a business debt or a personal debt?

Re: Dunning letter is missing info

Anonymous — Fri, 16 Mar 2018 23:48:32 GMT

It’s for a well known home alarm system so business I guess...

Re: Dunning letter is missing info

Anonymous — Sat, 17 Mar 2018 00:25:09 GMT

Oh no I meant like a business credit card or a bill for a commercial obligation. The fdcpa doesn’t apply to that. But Your debt is not that

Re: Dunning letter is missing info

RobertEG — Sat, 17 Mar 2018 00:44:40 GMT

FDCPA 809(a) mandates that a collection ("dunning") notice must include advisement to the consumer of their right to request debt validation within 30 days of receipt of the dunning notice. It is thus not a valid dunning notice.

If they made any initial communication with you prior to sending the notice, then they are required under FDCPA 809(a) to have sent the notice within 5 days after the initial communication. If that notice did not fully comply with the advisement requriment of section 809(a), and more than 5 days have now expired, they are in violation of FDCPA 809(a).

You can file a civil action seeking statutory damages of $1,000 for violation of the FDCPA.

Regardless of whether you pursue damages for violation of FDCPA 809(a), you can file a DV request without first receiving a dunning notice, and it will still be timely. In that request, you can request the name of the original creditor.

A DV reqeust does not compel them to provide the date of first delinquency on the OC account.

They are not required to obtain the DOFD until they have first reported a collection to a CRA. That will then requrie them to obtain the DOFD from the creditor, and report it to the CRAs no later than 90 days after reporting of their collection.