Okay, so I posted last week that I got a call from Creditors Interchange last week on a BOA acct. I typed up my DV letter and was planning on sending it out tomorrow. I just checked my VM and the lady left me a message. "Since I haven't heard from you, I assume you have no intentions of paying this and will be passing this over to the legal department tomorrow." Um,, don't I have 30 days to dispute before they do that? I know it's a scare tactic I'm sure, but should I call them? Or just send the DV tomorrow? Ugh I need help please! Thanks
They're just trying to scare you. But if they don't send this to their legal department they are in violation of FDCPA 807(5) which prohibits a CA from taking certain actions among which is "The threat to take any action that cannot legally be taken or that is not intended to be taken."
Send the DV letter and also tell them to cease all communications with you or any third party in connection with this debt except in writing.
Unless you live in Texas there is no time limit for them to respond but until they do all collection activity must stop.
From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800
TU - 8/10-772
You can do the same thing with hard work
Send your DV.. If its any consolation, Creditors Interchange had been calling me too (on behalf of LVNV funding who is collecting for HSBC, confusing i know) but they've never done any more than make phone calls to me. I don't know if they post to CRA's (they can't in my case because the OC and CA have already posted) but at least in my case they've never gone any further and its been probably 3 years that these have been on my CRA's.
So send the DV on out