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45 Days ago ERC said they would DV, haven’t heard since. What’s my next step?

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nyuphoto
Regular Contributor

45 Days ago ERC said they would DV, haven’t heard since. What’s my next step?

Ok guys,

I emailed and requested a DV from ERC, they replied they would verify with OC and not to reply back. That was 45 days ago. I was thinking of giving it 60 days since the current climate we are in, but what should be my next step? Should I respond back saying it's been 45 or 60 days and threaten to file a complaint with CFPB, or just file a complaint. I have eveidenxe of a certified letter sent for DV and also an email response from ERC. 

Cards (In order of approval) TCL: 137k

Chase Home Mortgage 402k 3.25% 30yr | 10/2021 | AU  
App’d for my first CC in April 2020, hoping for a 3k SL… Anyone can turn their credit around.
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1 REPLY 1
RobertEG
Legendary Contributor

Re: 45 Days ago ERC said they would DV, haven’t heard since. What’s my next step?

There is no periiod within which the debt collector must respond to a DV request.

 

A DV request imposes a cease collection bar on the debt collector if the consumer sends the DV request within 30-days after dunning notice, which then prevents continued active collection of the debt until the debt collector has first sent the requested verification.  See FDCPA 809(b).

A debt collector can choose to wait indefinately in sending the requested verification. 

 

A violation of the FDCPA only occurs if/when they resume collection activities, such as phone calls or letters, prior to sending of the verification.

There is no basis for a complaint to the CFPB or civil action based on their delay in sending the requested verification.

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