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No response to DV

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Anonymous
Not applicable

No response to DV

Hey my names Joseph new to this ..so needed your help dealing with afni...
Ok the collection is for me I know for a fact but the collection there sending sounds way over board for a rear end collision repair there coming at me with 8k plus....about what that vehicle cost or more ....I've received there first call on July 3 a letter saying July 4 stating the 8kplus and that they where collecting on behalf of AAA... and sent them a DV letter on the 17 of July they received it on the 19th of July ... that's within the 30days ... I have not received any of the info witch I requested ... what I have received is another 3 letter the same as the first .... the 4th letter on the other hand was the same but instead it said a discount price at half of the original price ...it's been way more than 30days I haven't received none of the info just those letters what can I do
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2 REPLIES 2
RobertEG
Legendary Contributor

Re: No response to DV

The DV process is a debt collection practices matter under the FDCPA that imposes a cease collection bar on the debt collector if the DV request is sent within 30 days after receipt of the initial collection ("dunning") notice.

The cease collection bar then remains in effect until the debt collector chooses to send validation.

 

A timely DV does not impose any requirement for the debt collector to send validation, and thus sets no period for any response.

The debt collector can choose to simply cease further collection activities and never respond.

 

In the posted scenario, the debt collector would not be in violation by not having responded, but could be in violation by having continued collection activities after receipt of your timely DV request.   Making a settlement offer while under a cease collection bar is a clear violation.

See FDCPA 809(b).

Message 2 of 3
K-in-Boston
Credit Mentor

Re: No response to DV

@Anonymous welcome to the forums!  I see that you had 3 posts with the same topic.  I've removed 2 of them, but left this one here in General Credit Topics.  Cross-posting isn't needed here as we gets lots and lots of traffic, so hopefully someone (edit: like the awesome @RobertEG) will chime in with some advice soon.  Thanks!

Message 3 of 3
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