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Timeline for DV and reporting to CRA

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compassion101
Established Contributor

Timeline for DV and reporting to CRA

Hypothetical: Receive dunning notice from CA sep 1, they receive DV from me sep 25.

 

I know they are not allowed to report to CRA from sep 25 until the time they satisfy the DV. But what about in the days between sep 1-25. My assumption has been that they cannot report (or make any collection activity) for 30 days as soon as the dunning goes out, and then if they don't receive a DV from me then they can report or make further collection attempts beginning Oct 1. But some posts recently make me wonder if indeed they are restricted in the 30 day window after sending out the dunning.

 

 

 

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2 REPLIES 2
llecs
Moderator Emeritus

Re: Timeline for DV and reporting to CRA

A CA can report, call or write anytime before the expiration of the 30 days from their dunning. However, once they receive a DV and if that DV was sent inside the 30 days from their dunning, I'd argue they are engaged in collection activity and therefore must delete, stop writing (other than to verify), stop calling, etc.

Message 2 of 3
RobertEG
Legendary Contributor

Re: Timeline for DV and reporting to CRA

FDCPA 809(b) states, in pertinent part,

"Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection (a) unless the consumer has notified the debt collector in writing that the debt, or any portion therof is disputed......"

 

The cease collection bar of section 809(b) only comes into effect upon their receipt of a written DV, and is not retroactive to the begin date of the 30-day period for the consumer to request debt verification.

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