@Anonymous wrote:
@Anonymous wrote:
NB - So what should we send for a DV letter? One of the long letters that I see on this site or just something simple?
Check out the DV link in my sig. IMHO, simply DV works best.
Nice DV link Noah, thanks.
I have my own 'take' on the 30-day 'timely response'. I am not a lawyer, but I do know there is both 'letter' and 'spirit' for every law (otherwise lawyers wouldn't make so much money

)
As I see it, a collection agency sends you a letter before starting collections, and in effect says, if you don't dispute this in 30 days we will assume it is valid and begin collection and reporting. Makes sense. They can't wait forever if they get no response.
HOWEVER. As I see it that 30 days is just a timeframe for them to start collecting/reporting. The *spirit* of that 30-day disclaimer does not (should not) mean that you cannot dispute at any time you want to STOP the collection/reporting. You have not legally AGREED to the validity of the debt, you just have not disputed it so they are allowed to ASSUME they can begin proceedings. However, you have not given up your right to required FULL VALIDATION of the debt, whether you wait 30, 60, or 600 days.
I don't know if there is any caselaw behind this, but I'd imagine if a consumer required validation/documentation after the 30 days and took this to court, they should win.
In any event, if I can't get a credit attorney to remove some dubious items, I am going to DV 2 or 3 of them even though welllllllllll past the '30 day window' and even though I have since disputed them and had them 'verified' which as far as I can tell is the CA just says yes it is our account and this is the info we have in or db, NOT this is the documentation of that info.
I just can't see how a Collection Agency would be allowed to send a letter to a consumer and if they don't get a reply in 30 days (person out of town, busy with work, lost mail, whatever) they would be legally allowed to collect on that debt and NEVER have to prove it's validity. If that is ACTUALLY what is going on, well something messed up is going on indeed.