Sent DV letter to Enhanced Recovery over 30 days ago. No response...

[DeeBee78]

I've been fighting a false collection for several months. First I disputed it with the CRA's, who all noted my dispute, but said the debt was valid. I then spoke with Enhanced Recovery, and informed them that the debt was not valid. They sent me a letter stating I had 30 days to respond, or they would assume the debt was valid. I immediately responded using the sample DV letter from Creditinfocenter dot com. Enhanced Recovery received my DV letter on March 20th, and I have not received any reply from them. 

In the sample letter, it stated that they had 30 days to respond, or they would have to remove the debt from my credit reports. I don't know if that's something I can actually request, but I left it in anywways.

Since they have not responded within a 30 day time period, and have not removed the debt from my credit report, what are my next steps?

[gdale6]

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@DeeBee78 wrote:

I've been fighting a false collection for several months. First I disputed it with the CRA's, who all noted my dispute, but said the debt was valid. I then spoke with Enhanced Recovery, and informed them that the debt was not valid. They sent me a letter stating I had 30 days to respond, or they would assume the debt was valid. I immediately responded using the sample DV letter from Creditinfocenter dot com. Enhanced Recovery received my DV letter on March 20th, and I have not received any reply from them. 

In the sample letter, it stated that they had 30 days to respond, or they would have to remove the debt from my credit reports. I don't know if that's something I can actually request, but I left it in anywways.

Since they have not responded within a 30 day time period, and have not removed the debt from my credit report, what are my next steps?

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There is no requirement for any CA to remove a reporting collection if they dont validate in 30 days under the FDCPA. If you live in TX and use the TX Finance codes to DV then they have to remove if they cant validate in 30 days. There is no time limit for them to respond under the FDCPA either, it just states that if the DV is timely they must cease collection activity until such time that they do validate. They can choose to do nothing and still leave the CA on your report, return the collection to the OC and remove their TL or actually validate and leave the collection on your CR.

[RobertEG]

There is no basis for requiring a debt collector to respond to a DV within 30 days or to delete theri reporting.

In fact, there is no requirment that a debt collector ever respond.

A DV request, if sent within 30 days afer receipt of their collection (dunning) notice, imposes a cease collection bar on the debt collector, which remains in effect until they have provided the requested debt validation.  They are not in violation of any debt collection practice unless they continue collection activities, such as calling or writing, without first having validated the debt.  The purpose of the DV process is to proivde consumers a reprieve from debt collection activites until they debt collector has first validated the debt.

Therer is one state, namely Texas, that has a more restrictive form of DV process.

If you are a resident of Texas, you can send a letter under the TX Financial Code that requires the debt collector to respond within 39 days.  However, they are not required to validate within that response.  If they state that they are not yet prepared to validate, they must delete their collection, but may then reinsert when they have provided validation.

[DeeBee78]

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@RobertEG wrote:

There is no basis for requiring a debt collector to respond to a DV within 30 days or to delete theri reporting.

In fact, there is no requirment that a debt collector ever respond.

A DV request, if sent within 30 days afer receipt of their collection (dunning) notice, imposes a cease collection bar on the debt collector, which remains in effect until they have provided the requested debt validation.  They are not in violation of any debt collection practice unless they continue collection activities, such as calling or writing, without first having validated the debt.  The purpose of the DV process is to proivde consumers a reprieve from debt collection activites until they debt collector has first validated the debt.

Therer is one state, namely Texas, that has a more restrictive form of DV process.

If you are a resident of Texas, you can send a letter under the TX Financial Code that requires the debt collector to respond within 39 days.  However, they are not required to validate within that response.  If they state that they are not yet prepared to validate, they must delete their collection, but may then reinsert when they have provided validation.

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Then how do I get this off my credit report? Where are my consumer protections? Who do I need to sue to get this removed? 

I am so frustrated with the one-sidedness of debt collection.