Morgan

CA violates DV letter. Not sure about next step

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Sent C&D with DV to a CA on 12-20-03. On 1-5-04, their attorney sent me a letter stating that they are compiling my records and that it could take some time for them to receive them (don't they only have 30 days?). They also stated that no one from their office shall contact me further.

Well, I received another dunning letter from the same CA dated 1-9-04. Now what? Do I go the small claims route for the violation or do I send another DV/C&D letter and use the CRRs to have this removed from the CRAs?

Thanks in advance for any help.

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It depends if you really want to sue. Most people here just want to get the negative tradeline removed from their credit report.

The letters that you have from the CA are gold.

Forward a copy of them over to the CRAs with a letter explaining all their violations, especially the 30 days.

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I thought there was no time limit on when CAs have to respond to DV letters. It's my understanding that we courteously wait 30 days for validation, but they don't actually HAVE to respond in that time, or at all for that matter. If they never respond, then it's a violation of the FDCPA for them to report it or continue collection efforts, but that's about it, isn't it?

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I thought there was no time limit on when CAs have to respond to DV letters. It's my understanding that we courteously wait 30 days for validation, but they don't actually HAVE to respond in that time, or at all for that matter. If they never respond, then it's a violation of the FDCPA for them to report it or continue collection efforts, but that's about it, isn't it?

You are correct. I'd consider filing suit, sometimes that's the only way they will remove the negative listings. You don't have to ask for money, though why you wouldn't is beyond me. ;)

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You can still continue the debt validation path while you ponder the merits of a small claims lawsuit.

Odds are, this outfit is not going to have all the authentic information necessary to truly validate your debt.

I would suggest sending a copy of whatever you have from the CA to the CRA. In your letter, be specific and explicit. Explain that this CA doesn't know what it is doing. It has failed in its attempt to validate this debt. See supporting documentation. And it cannot provide evidence that this debt truly belongs to you. But most importantly, state that all these failures are violations of federal law since this outfit has failed to prove that this debt belongs to you.

All the stuff you have from the CA is gold. Use them.

In the meantime, it is now time to turn the heat on these collectors. Continue sending them DV letters every 30 days. Write something like:

This is the second time I have exercised my right under federal law to validate this debt. You have failed to provide valid proof of the following that this debt does indeed belong to me. Why?

The more crap the CA sends you, the more ammunition you have to forward to the CRAs.

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Their attorney already sent you a letter and they went and screwed up while in the DV process.

I would march my happy little butt down to the courthouse and file for my $1000. I would bet apples to oranges that they settle for some $$$.

Just my 2 pennies in change!!

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UPDATE:

The fools actually sent me yet another dunning letter! This makes three in a two month period with no validation. This last letter threatens to sue, of course. I have two green cards at this point and a letter from their attorney stating that I will not be contacted again (even though I have been twice).

Do I need to dispute with the CRAs to have it removed from my reports first or can I go ahead and file the SCC? Do you think this will be an easy $1,000 win for me? Thx everyone.

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This would be worth more than that. EACH violation is worth an easy $1000 to you. I see four off the bat: three instances where they contacted you after their initial contact postDV saying they wouldn't. And threatening to sue if they don't plan on it. (Assuming they really aren't).

That doesn't even include any times they've verified with the CRAs without notifying them that you dispute the account.

I bet you can find a whole list of things. Personally, I'm a wimp when it comes to actually going to court, so I'd fill out the paperwork at the courthouse, send them and their lawyer a copy of it plus a list of violations, file complaints with the BBB, FTC & AG, and tell them to get this thing off your report or you're going to sue the pants off them!

Of course, if you're into the whole court thing, TAKE THEM! :wink:

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