DV letter doesnt say must reply within 30 days

[Anonymous]

---

braznyc wrote:
I understand where you're coming from Chedder, and for the most part I agree. But the biggest difference is to me when you DV someone you have to be prepared for whatever comes, and that means it coming back validated. I'm not saying I want this to happen, not at all, but part of rebuilding my credit is paying those I owe, and getting those I don't to go away or not try to re-age or re-insert things past SOL etc. I don't want to give them a chance to interpret what's sufficient to validate a debt, so I'm okay with being redundant on the DV front.

---

OK, fair enough.  I'm not saying there is a right way and a wrong way to go about this.  We can agree to disagree.

[llecs]

I wanted to chime in on the 30-day issue and DV as it is applied by the FDCPA.

30 days:

The 30 days applies to us. If a CA sends us an initial collection letter, we have 30 days to respond in writing whether or not we dispute the debt via a DV letter. See FDCPA Sect. 809 (a)(3). The CA, in turn, must begin an investigation and cannot engage in any collections activities (calls, letters (other than response), and adding their info on your CR, IMO if you respond via a DV first). A CA can take their time in responding; even if it takes forever. They just cannot engage in collections during that period.

Another set of 30 days applies also to CRAs. If you dispute via the CRAs, they have 30 days to investigate with each creditor. If thay cannot verify during that 30-day period, they must delete that record off your reports, permanently. See Sect. 611 (a)(1)(B) of the FCRA.

DV:

The FDCPA is specific on how to dispute:

You can dispute and request info for name of OC, address, amount due, and a verification which could include an accounting, papers relating to such like a judgement, and other info to prove the debt. See Sect 809.

Here's what I request per FDCPA:

• Please explain the nature of the alleged debt - that is, what the money I allegedly owe is for;
• Please provide an accounting explaining how you calculated what you allege that I owe;
• Please provide me with copies of any contracts or documents which form a basis for the alleged debt; and
• Please provide me with the name and address of the original creditor.

State laws vary and some states can require more info from a CA. Some states have their own version of the FDCPA and are more extensive. For example, they may allow you to request proof that they are licensed, not past SOL, registered Agent contact info, copies of signed contracts, etc. I'm in VA and they don't require anything outside of the FDCPA.

Now with all this said, CA's don't know Jack! You can see example after example in here of CA violations. I think a good 1-page letter pointing the law out and more, even if it is outside the scope of the FDCPA, is OK!

Edit: If there's any FTC ruling or court info, I'm open to knowing. I haven't had a chance to dive into anything beyond FDCPA and FCRA.

Message Edited by llecs on 02-11-2008 05:51 PM