Collection call before validation received

Was your DV in response to recieving a dunning letter or discovering them on your credit report?

( Personal experience here..) I waited until I received Verification ( ..which I found out the 'Verification' that the CA sent me was bogas..) and THEN I acted on it. I would wait the 30 days. They shouldn't be calling you UNTIL the have verified your account.

to the OP did you send the DV letter certified mail return receipt?if not they may not acknowledge it.

Good point, PAUL. Always leave a 'paper trail' so you have proof that you DID send a letter to them.

exactly,i didn't see anything about the green receipt.

1. The DV was in response to a collection call.

2. The DV was sent certified mail, return receipt (so yes, i know who signed for it and when)

okay then look into your state laws in regards to recording calls.start compiling your evidence for an FDCPA violation lawsuit.

30 days for what? You have 30 days from receipt of the dunning letter to request validation, the creditor has no such time limit to respond.

That said, once you send them the dispute letter, they are not allowed to make any attempts at collections without responding. As stated above, document it for a possible lawsuit against them. I am sure $1000 can come in handy and apparently they would really like to cut you a check, instead of the collection that they say they want. And they can't even sue you!!! It is considered a collection activity...

I thought if you send a Validation Letter, they ( the CA) needs to respond to you by 30 days. Please correct me if I'm wrong.

quick update...Just got the response via snail mail yesterday..... apparently they started calling the same date which is stated on their response letter.

The consumer has 30 days to dispute but the CA has no time limit to respond(unless you live in TX and then they have 30 days)

I started getting calls from West Asset Mgmt two weeks ago, but just got their letter a few days ago. I'll be sending them a C&D letter next week. They only call one or two times per day. and I just don't bother to answer them. The calls are obvious with a 757 area code.

If you send your dispute to the CRAs *then* the collection agency needs to respond in 30 days (extendable to 45 days). But even then, the constraint is on the CRA to remove the mark from your credit report, and not on the CA, who can take their sweet time.

As long as they make no collection activities (including any contact or attempted contact with you) unless for the following 4 reasons: The verification of the debt, to let you know that the CA has dropped your account (sent it to another CA), to let you know that the original creditor or the CA has stated that they are willing to sue over the account, and that the OC or the CA is preparing to sue.

WOW!! So..you're basically waiting on THEM..right? Sure doesn't seem fair. What if they DO contact ( even for the reasons above)? I thought a CA isn't suppose to contact you AT ALL.

Collection efforts must cease if your DV was timely. If you are outside the 30 day window, they can still continue to collect but in either instance must mark any tradeline reported as "In Dispute"

Hi sdchargers_63,

Yes, you are correct, I was confusing it with the Cease & Desist letter.

But, right, they have no time constraints but they may not contact you or sue or make ANY collection efforts until or unless they validate.

So, it is kind of cool when they don't respond to your DV letter and contact you or take you to court, because you can throw the case out and even counter-sue them for the violation.

So they have to provide proper verification or pass the account on to someone else.

And yes, IF you dispute it within the 30 day window of the Dunning Letter.

I'm not disputing the debt. It's an overdrawn checking account with Chase, and it got overdrawn by an unauthorized debit. I tried to talk to Chase about it, but the college student that I tried to talk to, was a space cadet. I lost my job in January, and I'm on unemployment. That covers my rent and bills, with nothing leftover for debt collectors. And they don't take food stamps, either. When I start working again, I'll send them a MO each month, but for now, I can't.

Prove it was an unauthorized debit, write a letter stating clearly that the debit was unauthorized, and bring it in to the bank in person and ask to speak with a manager. You shouldn't have to face this bad mark for something that was not your fault.

"Space cadet"! Yeah, tell me about it... Sometimes I have to call customer service 3 or 4 times to see if I can speak with someone with more than 4 brain cells. Just by way of example - about 10 years ago I was moving from Reno back to Pasadena, CA (I've moved back and forth a few times) I needed to disconnect my Nevada Bell DSL service and it took over 2 HOURS :shock: :evil: to find someone who knew how to disconnect the service.... OK, granted, DSL was a very new concept then (and it was only available to me because I lived close to the University of Nevada, Reno). They kept saying "oh we can't do that here, you need to call #######".... After 3 or 4 different numbers, I finally got the number where I started and ... I let loose... Got it disconnected, though! But the moral of the story is, if you CAN go in and speak to someone in person, it is always better.

You should probably take a peek at the OCC (Office of the Comptroller of Currency) website (the last link in my signature) to see what you can possibly do to get this process resolved. That page has a link to http://www.helpwithmybank.gov/ which will answer any banking questions.

You have 60 days to correct this problem so make it a priority.

Bottom line - you shouldn't have to pay for something you didn't want nor authorize and I would fight it tooth and nail to the bitter end, or to resolution.