When a CA does not respond to your DV demand...

atl · ‎04-30-2008

Has anyone successfully had collections or anything deleted from their CR, solely because the CA refused to respond/did not respond/"return to sender" your DV letter?

Do the CRAs allow this as a dispute?

Anonymous · ‎04-30-2008

Yes.

The CRA's would have to allow this as proof. This is based on FCRA and FDCPA.

FDCPA states a CA must cease collection activities if they cannot validate. Reporting to the CRA's is considered collection activities.

FCRA says if no proof debt exists, it cannot be reported.

Anonymous · ‎12-23-2009

So then how do you get it removed if the CA never validated the debt from a DV letter? How long does a CA have to respond? Does sending a DV letter re-age the account?!? Any help would be great! Thanks

llecs · ‎12-24-2009

Swtrandi wrote:
So then how do you get it removed if the CA never validated the debt from a DV letter? How long does a CA have to respond? Does sending a DV letter re-age the account?!? Any help would be great! Thanks

Per the FDCPA, CAs have an unlimited amount of time to respond to a DV letter. In fact, they never have to respond, but they do have to cease calls, letters, etc during the time they receive the DV and the time they answer it. Also, DV letters are only legally valid if you send it out within 30 days of their initial communication (via their dunning letter). I sent DV letters out long after receiving any dunning letter and all of them responded within a month or two.

The only timed-limit provided by law for a CA to respond to a DV letter is within the state of Texas. There, CAs have 30 days to respond or delete and the DV can be sent at any time.

If you sent a DV 30 days after their dunning letter and it was already reporting then give them 30-45 days from the day they signed the green card. If they don't respond within 45 days, send another DV letter CMRRR. There's a stickied thread on debt validation. They have a very simple letter and I'd recommend sending that. Most of the DV letters in here have a laundry list of things to provide and legally they don't have to provide all of that.

Doing anything, including sending a DV, won't reage the account. DOFD is DOFD.

Anonymous · ‎12-24-2009

Thank you so much for your help!

Anonymous · ‎12-24-2009

ok I sent a DV letter to a CA back in Oct got green card, they never responded. Sent 2nd letter rcvd green card no response. I sent copies of letters & green cards to EX and they will not remove they validated it. TU & EQ I disputed directly with them & they deleted. This account is from 1995 being re-aged to 2008. The CA has not removed it. What should I do? I have placed a complaint with BBB & FTC. The reason I know this acct is from 1995 is because the charge card Mandees & this CA posted the same day. The card shows being opened as 1995the CA shows it opened in 2008. Now where it lists the creditors under neath the tradeline they are listed right under it. Can I take them to court?

llecs · ‎12-24-2009

mnegron1969 wrote:
This account is from 1995 being re-aged to 2008.

What indicators do you see that show that it was re-aged (not saying it can't happen...others have reported this too)? There's only 3 things that show re-aging: 1) the CA tells you and fudges documents to show you that it was re-aged (I've seen some funky things on here from CAs), 2) The DOFD listed on EQ reads 2008, or 3) The drop off date listed on EX or TU shows a 2015 drop off date. Any other indicators like DOLA, reported date, opened date, their word (if you called) are all irrevelent. Does the drop off date on EX show 2015? Of course for the reports, you'd have to order them directly from each CA.

The opened date isn't the DOFD, but is the day the CA took over the account. That date is unimportant. Does the amount claimed by that CA anywhere represent the amount owed by the OC? In other words, you need to rule out a coincidence. If you ever went to court (and you can), you can't show the judge that the CA and the OC reported on the same day....that's not enough. You have to link the OC to the CA via some other means.

Did you receive anything at all from the CA like a dunning letter?

Have you moved since 1995?

If the account was from 1995, when was it CO'd? When do you think the DOFD was?

Anonymous · ‎12-24-2009

I received nothing from this CA, I only found out cuz I have credit monitoring

date opened 2008

reported since july 2009

last reported oct 2009

amount $585 the Mandee chg is listed as $584, a dollar off

It states account is scheduled to continue on record until 12/2009

I disputed that too if it comes off this month take it off now.

The mandee chg was in with my bankruptcy, I have moved since 1995. I don't have the bankruptcy papers.

Message Edited by mnegron1969 on 12-24-2009 10:38 AM

llecs · ‎12-24-2009

mnegron1969 wrote:
I received nothing from this CA, I only found out cuz I have credit monitoring

date opened 2008
reported since july 2009
last reported oct 2009
amount $585 the Mandee chg is listed as $584, a dollar off
It states account is scheduled to continue on record until 12/2009

I disputed that too if it comes off this month take it off now.

The mandee chg was in with my bankruptcy, I have moved since 1995. I don't have the bankruptcy papers.
Message Edited by mnegron1969 on 12-24-2009 10:38 AM

At least its going to come off. By their definition, the DOFD was in late 2002. Does this sound right? Was this about the time of the BK?

I know zilch about BKs, but I think the CA isn't supposed to report. Your BK papers are public information and you should be able to get a copy from the courthouse in which the BK was filed.

EX is slow to remove stuff. I have a clean, closed lost CC TL listed that is younger than my AAoA. If it comes off, I'll have a small bump on my EX FICO, assuming I had the ability to get my score. Anyway, look for it to drop off by the first week or two of January at the latest. If not, it may be worth calling EX to ask them "in which month will my collection be removed if it gives a removal date of December". Keep a copy of that report.

Anonymous · ‎12-24-2009

My bankruptcy was in 1996. I tried looking for an older CR but can't find one. I will wait to see if it comes off at the end of the month. Thank you for your response.