EQUIFAX WONT BUDGE

[RobertEG]

A debt collector can report their collection to a CRA without any prior communication with or notice to the consumer.

Lack of prior notice or communication is not basis for contesting reporting of a collection.

While they are requried, once they have initiated communication with the consumer, to send a formal collection ("dunning") notice within 5 days thereafter,  that is a separate debt collection practices issues, and does not affect any credit reporting that may have been made.

[Anonymous]

Send a DV request they will likely stop All collections activity for a period while it gets sorted out

[Anonymous]

Robert - So say a CA never sent out a Dunning notice and skipped straight to reporting to the CRA's is that not a violation of some policy held by the CRA's which could be grounds for a dispute? (At least until all the formalities such as the dunning notice has been sent with proof of mailing this time because it's being contested etc)

[RobertEG]

No.

There is no requirment under either the FCRA, FDCPA, or any regulation that mandates sending of a dunning notice prior to reporting to a CRA.

The policy against credit reporting based on dunning notice is only established under case law once the consumer sends a timely DV after receipt of a dunning notice.

A timely DV is one that is sent within 30 days after receipt of a dunning notice, and thus invokes a cease collection bar until the debt collector sends validation.

The courts have recognized a cease collection bar as also preventing credit reporting until validation has been provided, but a timely DV is not retroactive, and has no effect on any reporting made prior to sending of the DV.  That is clearly stated in FDCPA 809(b).

There is also no such administrativve requirment in the standard CRA credit reporting manual or credit reporting agreements that prevents credit reporting without first sending notice to the consumer.

[Anonymous]

You said within 30 days of the notice however I'm citing a situation in which the notice was never sent so technically one would have years and it would still be considered "timely" right?

[RobertEG]

A 30-day period for sending a timely DV only comes into play if the debt collector has sent a dunning notice.

A DV is sent within 30 days of receipt of a dunning notice, or if no dunning notice has been sent.

If they did not send a dunning notice, then your DV will still be timely. whhich means it will impose a cease collection bar on the debt collector, which remains in effect until they have provided the requested debt validation.

[Anonymous]

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@Anonymous wrote:
You said within 30 days of the notice however I'm citing a situation in which the notice was never sent so technically one would have years and it would still be considered "timely" right?

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You are saying it was never sent, however you don't know that. You only don't recall receiving them. Which for multiple debts seems odd to me.

If you did not update your address with your creditors and billers, and the dunning notices were sent to the address those billers and creditors believe to be correct, you are at fault. It would be best for you to contact these businesses and find out if, when and to where the notices were sent.

[Anonymous]

Lowkeyorca - I'm fairly certain that 99.99% of people who have an unsettled debt with a business or collections agency will not even think of contacting them to say "Hey, I moved here's my new address".

Never having received/Received within 30 days it (and by it I mean the Dunning notice) is the statutory requirement. I don't believe any court would frown on someone for not having updated their address with a collections agency. If I as a consumer need proof of mailing when sending a DV (otherwise they can claim it was never received) why shouldn't a collections agency take this extra step as well?

Personally I have a few collections on my file and never received any notice via mail maybe it's because I moved quite a few times but in the eyes of the courts I believe they would not consider the clock having started since no notice was received. Just my two cents.

[Anonymous]

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@Anonymous wrote:
Lowkeyorca - I'm fairly certain that 99.99% of people who have an unsettled debt with a business or collections agency will not even think of contacting them to say "Hey, I moved here's my new address".

Never having received/Received within 30 days it (and by it I mean the Dunning notice) is the statutory requirement. I don't believe any court would frown on someone for not having updated their address with a collections agency. If I as a consumer need proof of mailing when sending a DV (otherwise they can claim it was never received) why shouldn't a collections agency take this extra step as well?

Personally I have a few collections on my file and never received any notice via mail maybe it's because I moved quite a few times but in the eyes of the courts I believe they would not consider the clock having started since no notice was received. Just my two cents.

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So, I'm just going to stop you right there. People who don't inform creditors/billers/etc of their new address are at fault for not receiving mail from the aforementioned parties. 

The law is about having sent a notice to the most current address provided by the debtor, and if they speak with you by phone (or leave a voicemail), they don't have to send anything at all. They have to send it within 5 days of their first communication with you (reporting it to the bureaus counts as that communication), and they have to cease collection activities until they respond, but there is no period of time they must respond within.

Violations of the FCRA, FDCPA and FCBA are not for loopholes to weasel out of taking responsibility for our mistakes, they are for holding billers and creditors to a standard that allows us fairness and rights in debt collection, reporting and billing. 

I'm not really sure what your aim is here, but as I suggested before, you should contact the CAs and OCs to see if, when and to where they sent notices and to verify that the debts are yours, if that's something you're unsure of.

[Anonymous]

I'm not attempting to use a "loophole" if you never received a phone call or notice in the mail then you check your credit report and see a collections account on there that you received no prior notification of I believe it's more than fair to send a Debt Validation letter to them attached with that is ceasing and collection activity until receiving a response to said validation request.

In what way is this unfair, sly, sketchy, or otherwise wrong to do? And how can you update a collections agency with your address if you don't even know about the collections agency until you see it on your credit report?

All I'm saying is that I do not see how sending a debt validation when you genuinely didn't get a notice or phone call from the collections agency regardless of it you moved or not is unethical. Through the DV the CA would now have your new address while they validate your debt.