DV letter question

[Anonymous]

I wouldn't talk to them anymore. 

You want to be able to use that and not give them any heads up.

[Shellie]

Ok, but what do I do now?  With this little nugget of info.

[Anonymous]

Care to get all your duckies in a row and sue them?

[Shellie]

Am I supposed to contact a lawyer now?  Didn't you say they don't charge you?  I may have misunderstood that.  I don';t have the money to hire a lawyer right now.

[Shellie]

If it's feasible for me, yes.

[Anonymous]

Many don't for a consultation.  It's just finding one. 

[RobertEG]

A cease collection bar is not retroactive to any date prior to a DV request, as specifically addressed in section 809(b):

FDCPA 809(b)

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

[Anonymous]

Understand that.  The problem is they are saying they reported the debt prior to the DV but it is showing being in dispute at the time it was added to the CR.  Seems fishy to me.

Also, a DV does not constitute a dispute IAW the FCRA.

They say they reported on 1 Oct.  DV sent and signed for 28 Oct.  Account shows up on CR 1 Nov already disputed.  How is this even possible?

[RobertEG]

Good question!

Unlike a DV, which is a "dispute" under the FDCPA that pertains only to the amount of the debt, a dispute under the FCRA pertains to reported information of record in a consumer's credit file, and thus one cannot dispute information not yet reported.

An FCRA dispute must identify information of record in the consumer's credit file, and additionally provide basis for assertion of its inaccuracy.

It appears to be a clear contradicition......

[Shellie]

...and I'm confused...

Do I have any options here?

Refresher just in case...

I received the letter mid-Oct dated 10/02/2013

Mailed out the DV

They signed for it 10/28

showed up on myFICO 11/01 dated as being reported 10/01 showing "consumer disputes this ..."