Collection problem
Date: Mon, 03/28/2011 - 17:11
Posting to your CR is considered as an "intital communication wi
Posting to your CR is considered as an "intital communication with the consumer" that triggers their obligation under FDCPA 809(a) to provide you written collection (dunning) notice within 5-days of an intitial communication. Did they do that?
As for a period for response, quite simply, unless you live in Texas, there is no statutory period for response to a DV letter. The requirement is only that they cease collection of the debt until they provide validation/verification.
The next step in the DV process is up to them. They can cease collection of the debt, or they can send you debt validation and then resume collection.
Your next step depends upon whether their credit reporting is accurate. If it is accurate, you have no basis for a dispute. If their reporting is inaccurate, you can dispute under either FCRA 611(a) or FCRA 623(a)(8).
what are you talikng about?posting to one's CR is not initial co
what are you talikng about?posting to one's CR is not initial contact.a letter is initial contact.i will say this posting to a CR after contact and A DV letter is sent is an FDCPA violation as it is considered collection activity,or further collection activity.
Looks like the OP sent the DV in response to the account being p
Looks like the OP sent the DV in response to the account being placed on the credit reports. Here is what you do:
Dispute the account with each of the credit reporting agencies. If they get verified, that is a separate violation for each credit report as it has been established that verifying info is considered continued collection activity. THEN you have some bargaining room because even as it stands you could sue them for $3000 for violations and that is if they do not further violate.
Hmm also send a reminder letter about 30 days or so after you ha
Hmm also send a reminder letter about 30 days or so after you have sent the initial letter. In this letter remind them that you are still awaiting validation and that they have already violated (if they verify) and you are keeping track for a possible lawsuit. Also demand they validate the account according to the FACTA laws and look through FDCPA and see if you can further get them.
It's been more then 30 after I send them validation letter, seem
It's been more then 30 after I send them validation letter, seems like I'll just have to send letters to CB to let them know that debt wasn't validated?
Thanx
yes do that and send a copy of the green receipt as well from th
yes do that and send a copy of the green receipt as well from the letter.they must remove or face possible legal action by you.