cancel
Showing results for 
Search instead for 
Did you mean: 

Reporting- no dunning notice

tag
edcb
Contributor

Reporting- no dunning notice

Pulled reports and had a CA that I had never heard from.  Called them and talked to them about a PFD and they refused.  Fine.

 

DV.  Nothing.

 

bbb complaint.  Finally got a dunning AFTER I complained that they were in violation for not sending one even after I contacted them and the BBB is asking if I'm satisfied because I finally got my Dunning.

 

Now I have a dunning but I practically had to beat it out of them.  Next step knowing that PFD is not an option?

In the garden until October 2015!

Journey began 12/13
My wallet: Cap1 Journey (12/13) $4,800 - Cap1 QS (3/14) $1,500 - Chase Freedom (5/14) $3,000 - Chase CSP (12/14) $8,000

Closed on my primary home and income property in December 2014!
Message 1 of 8
7 REPLIES 7
gdale6
Moderator Emeritus

Re: Reporting- no dunning notice

By law they had to send you a dunning notice within 5 days of reporting it to your CRs, since they failed to do this I would file CFPB complaint. If they have not yet answered your DV and you filed it in timely fashion (within 30 days of it reporting to your CRs) sending you a dunning notice would be a violation of the FDCPA but since it came via BBB I dont think you would get far trying to hammer them for that one. If it was filed timely they cannot continue collection efforts until they send you the validation. Good luck Smiley Happy

Message 2 of 8
abundancejones
Regular Contributor

Re: Reporting- no dunning notice

You got them on two violations...you could be 2k richer. File a CFPB complaint stating these violations and they will likely take these entries off your reports. You got a lot of leverage here. 

Message 3 of 8
edcb
Contributor

Re: Reporting- no dunning notice

I'm assuming you mean two violations...but if they are reporting two different collections I bet that means $4k?  Smiley Tongue

 

I know this is a violation but their responses thru the BBB make no denial to my allegations of violations but now that they finally sent me a dunning after the BBB complaint their stance is more like..."you won't do it!!!"

 

So I need some substance to go after them...violations of WHAT?  So I can respond thru the BBB and then file the complaint.  I think they are tryin to show my hand to see if there is any bite to my bark.

In the garden until October 2015!

Journey began 12/13
My wallet: Cap1 Journey (12/13) $4,800 - Cap1 QS (3/14) $1,500 - Chase Freedom (5/14) $3,000 - Chase CSP (12/14) $8,000

Closed on my primary home and income property in December 2014!
Message 4 of 8
gdale6
Moderator Emeritus

Re: Reporting- no dunning notice


@edcb wrote:

I'm assuming you mean two violations...but if they are reporting two different collections I bet that means $4k?  Smiley Tongue

 

I know this is a violation but their responses thru the BBB make no denial to my allegations of violations but now that they finally sent me a dunning after the BBB complaint their stance is more like..."you won't do it!!!"

 

So I need some substance to go after them...violations of WHAT?  So I can respond thru the BBB and then file the complaint.  I think they are tryin to show my hand to see if there is any bite to my bark.


Here is your violation for no dunning notice From FDCPA:

 

§ 809.  Validation of debts   [15 USC 1692g]

 

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

 

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

 

2nd violation possibility over non response to timely DV.

 

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

 

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Message 5 of 8
edcb
Contributor

Re: Reporting- no dunning notice

Ugh! 

 

So I finally got my DV and this (these) medical bill should have been paid by my insurance!

 

I filed with the CFPB.  They responded with a DV.

 

I responded pointing out that not only did they not send a dunning (they say they did three years ago but I never got one) and that they failed to respond twice to DV's and STILL REPORTED during the time- further violating my rights.

 

What am I missing?  Why aren't they just folding?  Why don't they just bill the insurance and move on!

In the garden until October 2015!

Journey began 12/13
My wallet: Cap1 Journey (12/13) $4,800 - Cap1 QS (3/14) $1,500 - Chase Freedom (5/14) $3,000 - Chase CSP (12/14) $8,000

Closed on my primary home and income property in December 2014!
Message 6 of 8
gdale6
Moderator Emeritus

Re: Reporting- no dunning notice


@edcb wrote:

Ugh! 

 

So I finally got my DV and this (these) medical bill should have been paid by my insurance!

 

I filed with the CFPB.  They responded with a DV.

 

I responded pointing out that not only did they not send a dunning (they say they did three years ago but I never got one) and that they failed to respond twice to DV's and STILL REPORTED during the time- further violating my rights.

 

What am I missing?  Why aren't they just folding?  Why don't they just bill the insurance and move on!


They obviously think that you are lying IMO and that is the reason they are refusing to fold... There are time limits to bill insurance I would check with your ins co you had at the time and ask them if this can still be billed to them, if it can then your rebuttal to the CFPB is going to be that the OC can still bill it to insurance and you want the CA entry deleted from your files. If you can prove that this is the OCs fault for not billing insurance then I would also be sending them and their CA an Intent to sue letter as you do have the CA on violations already...

Message 7 of 8
edcb
Contributor

Re: Reporting- no dunning notice

Of course it is that the last few are always the most difficult to deal with....or they would have been gone early on.

 

I guess I will wait and see what their latest come back is through the CFPB.  I KNOW I'm going to have to sue either the CA or the OC on the other collection because they claim they have documentation that it is my debt but won't show it to me without a "court order."  Screw you.  It's on!

 

But if these guys don't just bill the insurance and be done with it then I guess that makes two for going to court.  Ugh.  One is bad...two is excrutiating.

In the garden until October 2015!

Journey began 12/13
My wallet: Cap1 Journey (12/13) $4,800 - Cap1 QS (3/14) $1,500 - Chase Freedom (5/14) $3,000 - Chase CSP (12/14) $8,000

Closed on my primary home and income property in December 2014!
Message 8 of 8
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.