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

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. 

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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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