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I sent a DV letter to the CA. Today I received a letter from the CA (CKS Financial) stating I have to contact the OC fror debt validation. The OC was Continental Finance. They sold to Delmarva. Delmarva sold to CKS. What should I do now?
Is CKS financial trying to collect on the debt? Are they appearing on your CR? You don't DV the OCs, you DV the CA.
@Shogun wrote:Is CKS financial trying to collect on the debt? Are they appearing on your CR? You don't DV the OCs, you DV the CA.
CKS is trying to collect. I DV'd CKS and their response was for me to contact OC. They are not appearing yet. I sent them th DV letter as soon as I received their collection notice.
If they sent you a collection notice, you sent them a DV, they can't report to your CR until they validate the debt. There is no reason to DV the OC, they aren't the ones who sent you the dunning notice. I hope you sent that CMRRR so you have a record of them receiving it.
Thank you, I have the actual letter from CKS that I'll hold on to. Do I need to do anything else?
You send the DV to CKS and if they refuse, file a complaint with the FTC for refusing to validate. The CA cannot tell you to get valdation from the OC, it is their job. If you have the letter from them, include that in your complaint.
Everyone...be sure to check out this account first as you previously mentioned it was from Continental Finance. When was your account opened with Continetal? They were hit with a large suit by the FDIC and were forced to stop reporting to all three credit bureaus. I am going through this right now as Continental and CKS are showing on my report. Also, if you fall within the guidelines...you are also due restitutions from Continental.
SEE: http://www.fdic.gov/bank/individual/enforcement/2008-12-03.pdf
Their letter is essentailly meaningless. It just says they have not yet done something for which they are under no period to have completed. It's a favor, not a violation.
One does not file a complaint or dispute over lack of debt verification from a debt collector. The DV process does not compel the debt collector to provide verification at any specific time, and in fact, they could choose never to respond. The DV process was enacted to provide the consumer relief from ongoing collection activities by a debt collector until the debt collector has provided verification. If the DV is tinely, the requirement imposed on the debt collector is to cease active collection.
Violation of the statute occurs only if and when the debt collector continues collection on the debt without having first provided the requested verification.
That is the time to file a complaint for violation of FDCPA 809(b)/