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DV Time Frame-No Answer?

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Anonymous
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DV Time Frame-No Answer?

I sent out DV letters to various CA's most of them received my letter (i received the CM green card back), but in the letter i stated they have 30 days to verify the debt.  For some of these CA's it has been over 30 days with no response.  What should I do now?  Can I send the CRA's a copy of my letter and the green card stating they did not verify the debt and ask the CRA's to delete the information? 
Message 1 of 7
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Anonymous
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Re: DV Time Frame-No Answer?

Your timeline was artificial, unfortunately.  CA's have an infinite time to reply (2days, 2weeks, 2 years, etc).  The DV gives you legal leverage; if they respond with a summons then you can show that you have tried to verified the debt, etc, and their failure to do so is a violation of the FDCP. 
Message 2 of 7
Anonymous
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Re: DV Time Frame-No Answer?

If a DV is not answered within 30 days.....file a dispute with the CRAs that are reporting. Send a copy of the DV letter  copy of the CERT.# and copy of the GG
 
Tell the CRA that by federal law the CA had to VALIDATE the debt and could not. If the CA can not VALIDATE then it is illegal for them to verify...please delete.
 
Word it the way that is best for you.
Message 3 of 7
Anonymous
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Re: DV Time Frame-No Answer?



ChemGuy wrote:
Your timeline was artificial, unfortunately.  CA's have an infinite time to reply (2days, 2weeks, 2 years, etc).  The DV gives you legal leverage; if they respond with a summons then you can show that you have tried to verified the debt, etc, and their failure to do so is a violation of the FDCP. 


So, CAs do NOT have to validate within 30 days?
Message 4 of 7
Anonymous
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Re: DV Time Frame-No Answer?

If they want to keep reporting YES they do.....if they do not validate within 30 days they must stop all collections including reporting  until they do validate!
Message 5 of 7
Anonymous
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Re: DV Time Frame-No Answer?



HappyDays wrote:
If they want to keep reporting YES they do.....if they do not validate within 30 days they must stop all collections including reporting  until they do validate!


:Exhales:     I can breath, that had me worried...........thanks.
 
Just want to clear something up..........Say a CA reported on your CR on 03/2004 and has not updated since. Are they considered "reporting" since they aren't updating? I mean I know they DID report on your CR, but the CA tried to say since they hadn't updated since 2004, then they aren't "reporting", so they aren't violating anything by "reporting" after account closed and returned to OC. 
Hope I asked that right.
Message 6 of 7
Anonymous
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Re: DV Time Frame-No Answer?

HD is exactly correct about CA's report to the CRA, sorry I missed that part of your question.  It is my understanding that if the CA is reporting, once you send DV to them they MUST report to the CRA that you are disputing the collection.  I think they have 5 days to do that.  If they don't--and by extension if they keep updating regularly--they are in violation.  If they simply stop updating without noting that the account is disputed, they are also in violation.
 
It is great that you're breathing a sigh of relief; we're all here to provide that very support!  But, the thing to remember is that the information you receive should really be giving you the courage to talk to an attorney!  "Legal obligations" mean nothing outside a court of law; in other words, the CA's and the CRA's move when legal action--or the threat thereof if they KNOW they are in violation--makes them move.  They know the law and they find it amusing that WE "think" we know the law.  The question becomes who has the guts to call the other's bluff.  That's where they think they have us cornered, but those who have access to consumer advocates/attorneys/MYFICO!!! know better Smiley Happy
Message 7 of 7
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