ca responses to dv? general question....

[treschic]

i can't remember which board i was reading, but a poster had reported that the ca told them that since they dv after the 30 day window, that they didn't have to send them anything, and that the law didn't stipulate what they had to send even if they did.  the poster quated the law case (forget the name of it).  so my question is, if this is the case, what is the point of using cmrrr if they don't have to respond to your DV request? and also although we write what we want, a signed copy of contract, ect, ect, since the law doesn't specify this, and if they just send an itemized bill, then what? what is our rebuttle? i know that not all ca, will respond with that or even know that they don't have to, but i'm just wondering, what can we do as a consumer if they don't besides calling the ag, bbb, or threatning or actually filling suit?

[Anonymous]

A CA MUST answer a DV  within 30 days   OR stop all collections and that includs reporting......until they do answer!

[treschic]

that is what i thought, until the poster stated what the response was in the email.  the feedback on here, to them was that they were technically correct.  was that the wrong response? this is the post: http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=90583&query.id=477... 

i was just wondering for general info, since this seems to be the ca's responses sometimes to the dv.  i had a few that used this. 

Message Edited by angiepharm on 03-26-2008 03:04 PM

[llecs]

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angiepharm wrote:

that is what i thought, until the poster stated what the response was in the email.  the feedback on here, to them was that they were technically correct.  was that the wrong response? this is the post: http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=90583&query.id=477... 

i was just wondering for general info, since this seems to be the ca's responses sometimes to the dv.  i had a few that used this. 

Message Edited by angiepharm on 03-26-2008 03:04 PM

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I have to stand by Sidewinder on that one. The FDCPA is very clear that you have 30 days to dispute once you receive that initial collection letter. If you never got that letter (like due to moving), then I feel (opinion) you do have 30 days to DV (FDCPA does not address that). I often see the Boatley case used in the DV letter. Unfortunately, that doesn't even touch the issue of DVing within a particular timeframe.

I'm gullible with a good argument, but haven't seen anything to backup the DVing after 30 days is AOK claim.

[Anonymous]

The point of using CMRRR is to prove that you did DV the CA.

The FDCPA does say that all collection activities must stop until they validate the debt. However, I've yet to find where it says(not saying it doesn't say this, but I haven't found it) that they must validate within 30 days. FDCPA 809 just states that they can not resume collection activities until they do, so if they don't validate, they can't try and collect.