DV follow up letter

I have been told they can take as long as 90 days to answer a debt validation letter. It is in no way far that they can legally give us 30 days, but they can take forever.

If I'm not mistaken, by law they have to validate within 30 days and someone correct me if I'm wrong. I think when they send something back to a consumer saying 90 days, then we accept that if the consumer doesn't push back and say "no, you have 30 days." Some of the follow up letter templates I have say that if they are outside the 30 limit, then they are in violation of the fdcpa. Plus the CA can't just send you a computer printout showing a bill. I had one just do that and I'm going to send back saying not sufficient. That is spelled out in the Wollman opinion. Nor can they serve you any kind of summons when they send back the debt validation to the consumer. That is also a violation of the FDCPA. Some CA's do that too. Send you the debt validation documents you requested along with a summons. (I've been reading a lot in between posts).

Outlaw here is my follow up letter I sent to OCC when I did not hear from them in regards to my 1st DV letter. I just sent it last week so I can't say it was succesful but you can tweak it for your own use if you want and see what happens

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I like that one because it's simple. Here is a more strongly worded letter that I will be sending. It cites why I believe they have 30 days to validate the debt.

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Outlaw- there is no time limit for when a CA has to validate. I have been sending DV letters and follow up letters since Jan. of this year to LVNV and their many companies, still no response. Good Luck-I also sent copies of ALL my DV letters once to show them how many I sent, still no response!!..Karen

so then what are you supposed to do if they do not respond? Wait for the SOL to run out? If you are trying to validate a debt or even dispute one, there has to be some sort of limit to when they can respond. I know it can be state to state. I am in WA. But do you know of a link that lists all states?

Go to this link for seeing the listings of all states.

http://fair-debt-collection.com/statue-limitations.html

A CA is not bound to validate the date within a fixed period. But that does not mean they can keep calling and attempt collections on wrong reasons. You have the legal right to stop them from doing collections on you. Cease and desist letter in such a situation is the most powerful legal ammunition. After receiving your letter, the CA is restricted from contacting you further. If they do call, federal laws are violated and you get the legal case against them. Make your case even stronger by recording their phone calls. You should know your state laws in this regard if secretly recording is permissible in your state.

You can stand with a legal case for every fdcpa violation the collection agency does and be compensated up to the extent of damages.

Mattisimous, Bossy4455 is right -- the law does not give any time limit for a CA to respond to a DV request. But who cares? Once you've sent a DV, the fdcpa states that it is unlawful for the CA to engage in any further collection activity unless and until they've validated the debt, meaning that if they never respond at all, they can't collect at all.

I would take no response as an indication that the debt is null and void especially when you send out so many DV letters, if it ends up in court(which it most likely won't) you have all that evidence to present to the judge stating you acted in good faith and tried to comnmunicate with the company, they on the other hand did not act in good faith

In my opinion, if you send a DV and receive no reply, rather than complaining, you should actually consider yourself fortunate. If the CA doesn't validate the debt, they can't collect it -- and if my own admittedly-anecdotal experience is any indication, there's a good chance that they won't validate. So far this year, I've sent out four DVs, to four different CAs. Three of them didn't even try to validate, and one of them sent back incomplete information (which is not legally regarded as validating the debt).

I used to send out C&Ds right away when hearing from a CA. Now I don't; instead, I send a DV. If you send a C&D, they're legally allowed to respond with a threat of legal action (if the threat is sincere, that is). However, if you send a DV, they can't do anything at all unless and until they validate.

A bad debt buyer bought one of my old credit cards; magically the balance went up over $500 as soon as they bought it. I sent a DV certified and requested their calculation; mainly I wanted to see how they came up with the extra $500 because I think they are charging interest they are not allowed to charge.

Instead of sending me anything verifying the debt, they sued me. Just got the summons the other day (which, by the way was mailed = not properly served). They are playing games trying to get me to not show up in court, so they can get a default judgment.

I am filing a counterclaim, and suing them for violating fdcpa on at least 4 counts. I will show up to court with my evidence; I just don't know how hard it will be to fight my own case without an attorney.

As long as you keep your cool, speak clearly and precisly, present the evidence you should be just fine

I would just say that if they didn't send back the DV letter, that you are fine on your behalf. Like the others said, that is their lack of communication..

Finally started a blog... my first post is the complaint I prepared against this place.

If you can read .TIF files, I put up my 11-page complaint at debtcruncher.blogspot.com .

Was going to file in a US District Court, but since they beat me to it in a county court, I will file my complaint there.

DebtCruncher--

Keep us posted on the outcome of your court hearing!!

I am going to read it again tonight and let you know what I think

Debtcruncher, I just read your complaint. How do I know what the or if the interest would be that a CA can charge? I'm in WA state so I assume it would be different.
It sounds like that if a CA doesn't respond, then they could sell the debt to another CA down the road and I would have to start the process over again. Theoretically, I could just keep playing these games with the CA's until the SOL has come up if no one ever validates the debt, right?

Outlaw-that's what is happening to me. The first CA was LVNV,I did the DV thing, no response. They turned it over I repeated the process,they turned it over,etc.,etc.,etc., That has been since January of this year.They know they can't validate, so they turn it over or sell it again. I just keep validating and sending copies to everyone...KAren

Outlaw,
(1) Theoretically, yes, they can just keep selling it to anyone who will buy it. I think if the buyer knew they account was disputed and unverifiable, they wouldn't want to buy a "bad" bad debt. But whoever is selling it probably does not disclose that kind of stuff to a potential buyer.

(2) It is the "owner" of that debt that can charge interest. Generally, if a collection agency is actually collecting for someone, it is not the collection agency that calculates the interest.

In a case where a collection agency buys the debt (aka junk debt buyer), they are obligated to charge interest according to the law. But I don't think that they really do.

Suppose you have a credit card with Chase Bank for 18% apr. Chase Bank is a licensed financial institution, and can charge you whatever interst they want. Account defaults, and Chase sells it to XYZ Collectors, Inc. XYZ takes the account and says, "Chase was able to charge 18%, so we can too." BUT NO... XYZ is not licensed to charge interest (just like the internet PDLs). So for them to charge interest (above the statutory rate) is illegal.

Somewhere you need to lookup your state laws to determine what the statutory rate is.

This is what my problem is... Chase charged off my account back in 2004, and stopped calculating interest (they showed the same balance for over 2 years). Resurgence bought my account, went back in time, and re-calculated interest from the date Chase charged it off, at the rate that Chase was able to charge. So I disputed it, requested validation, and they decided to sue me. I guess they are hoping I don't go to court so they can get a default judgment. I think they will have a nice suprise when they found out I filed a counter-complaint.

Some states will continue to allow you to be charged a monthly to yearly intrest rate. It will also depend on what type of contract you signed.

Thanks for the good info Debtcruncher. I guess the key then is to find out IF the CA can charge interest and what the statutory limit is in my state. How did you find out that Resurgence could not charge interest? I am having that battle now with an old credit card that had a balance of $2000 and now the CA is saying the balance is closer to $5000. Outrageous if you ask me. But it may come down to a court battle.

I have fought debt collectors in court pro se and have discovered that judges 1. do not like pro se individuals 2. judges try to do everything in their legal power to get rid of you , hence , their 99% siding with the predatory debt collection attorney.3. ignore proof and facts and even worse ignore lack of proof. I managed to beat all the court cases except for American Express- but its been 4 years and they still can't collect. Missouri is a tenants by the entirety state so if law suit is against one spouse only they can rot in hell because they can't get anything unless its in your individual name. Big trick of theirs is to send out a supoena for a body attachment if you don't show up for a crditors grilling you for assets. I took 5th amendment judge ordered hearing over. In Mo they can drag you back to court 5 years and I believe once per year for the debtors hearing. Credit card companies don't have to prove anything when you have crooked judges.
As far as I am concerned all credit card debts are paid because of the Tarf funds these crooked companies received!

If you go to court- make sure you ask them in the deposition for a copy of your signed contract and /or signed charge receipts as proof of your breech of contract . They are all crooks! Predatory attorneys are the worst! Go to Bud Hibbs web site- just type in his name and you will be educated as to the sick predatory societ we live in with crooked greedy lawyers!

I just love it when LVNV/Sherman calls themselves a "debt buyer". I wish they could explain to me how they took control of Credit One Bank (fka Bank of Marin) along with another one of their "subsidiaries" (MHC Receivables), supposedly charged off an account of my husbands in 11/08, "purchased" it as LVNV/Resurgent, and are attempting to collect it again. Seems to me that if they supposedly took the P & L tax write off, that equates to tax fraud.

No, not really. They'll just report it to the IRS as Charge off Recovered and have it marked accordingly on your credit reports..