twowheelrider Posted March 24, 2005 Report Share Posted March 24, 2005 I have two other posts called "Collections advice needed" and "DV and dispute CRA" that is dated March 12. This post is a result of the two earlier posts. After I DV them they sent me the following letter below. The letter also includes info such as the CO, OC with OC account #, CA account # and current balance. I am not sure what to make of this letter? It appears they want me to do their work for them. Should I or do I have to respond to this letter?The date of the letter below is the same day they recieved my DV via CMRRR (3/15/2005) so it appears they really moved on this in a hurry. Can anyone give me advice on what my next move should be or what my options are? I have not received any response from any of the CRA's besides my return receipt. I am thinking of going on-line to pull another CR to see if they changed it already. I don't think the CRA's have finished my requests I sent in for this TL and a few other corrections that need to be made. By the time they (CRA's) finish the CA will already have contacted them to change the status to disputed. ThankstwowheelriderDear #Name#The purpose of this letter is to request your assistance so that we may reach a quick resolution to your dispute.We are attempting to verify your dispute and it would be helpful to have a copy of any documentation you may have that proves your dispute. In the interim, we have requested that the three major consumer reporting agencies change the status of this account to "Disputed."*Please mail or fax cancelled checks, paid letters, police reports, or any other documentation you may have to support your claim to: (XXX) XXX-XXXX Attention: Consumer Relations.We can be reached at (XXX) XXX-XXXX ext. XXXX, should you have any further questions.Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any information will be used for that purpose. Sincerely,Consumer Relations(XXX) XXX-XXXX Ext. XXXX*Your credit report will not be updated if the federal reporting period has expired. Link to comment Share on other sites More sharing options...
snotrag Posted March 24, 2005 Report Share Posted March 24, 2005 Although I can't tell you where to go from here, I can recommend you to ignore (but keep) their letter.Either they're either having trouble validating your debt - which means that's their problem, not yours. Or, they could be baiting you for information because they don't have much of their own. Either way, I wouldn't help them take your money (unless they wanna put you on the payroll, that is)Besides, if this is their response to a DV, (and assuming you DV'd within the 30 day window) I believe they are in violation of the FDCPA. Though I give them credit for (supposedly) updating your credit report in a timely fashion, they have continued collection activity.I don't remember what case it was, but I've seen it a bunch in the forums - it basically states that any response from the CA other than validation of debt is considered collection activity and is probably punishable by a court imposed fine.If they received the letter 03-15-05, then I'd send a second, more stern, DV around 04-16-05. Be sure to remind them that they have failed to respond to your request, and violated the FDCPA, and that it is imperatve that they respond to your DV. After that....somebody else will have to chime in to help you. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted March 24, 2005 Report Share Posted March 24, 2005 I don't think that letter would necesarily fall under continued collection, and they did mark the account in dispute...I think they are complying in the spirit of the law, but yes keep the letter. They ARE screwed because the burden of proof is on the CA. If they are fishing for info, I'd tell them to go pack sand and not to contact me until they can provide proper validation. Then I'd 1-2 punch them by disputing with the CRA's. If it comes back verified, then you have continued collection activity. Link to comment Share on other sites More sharing options...
twowheelrider Posted March 24, 2005 Author Report Share Posted March 24, 2005 The letter they sent (see the snippet below from my previous post) indicated that they requested the CRA's to change the status to disputed however, there is a footnote that indicates this will not occur if the federal reporting period has expired. Are they referring to the first 30 days after they sent the first statement? Does this mean that since I did not DV them within the first 30 days that the status will not get changed to disputed? Unless, I am confused on the FDCPA rules I thought they had to request the CRA's to change the status to disputed until they have validated the debt. Maybe I missed something but I did not see where this only applies to the first 30 days.Can someone clarify this? This letter appears to me that they are still trying to collect. I thought that they could not send letters unless it is the letter of validation (proof) that they can legally collect? I am waiting on the CRA's for the reports to see if they changed the status. *** Snippets from CA Letter ***In the interim, we have requested that the three major consumer reporting agencies change the status of this account to "Disputed."* *Your credit report will not be updated if the federal reporting period has expired. Link to comment Share on other sites More sharing options...
divemedic Posted March 24, 2005 Report Share Posted March 24, 2005 On getting a consumer dispute, they are required to insert a dispute notice on all TL's associated with this account. Send them a note to the effect that you don't have info on this account. After all, if it isn't yours, how could you? Make them prove it. Link to comment Share on other sites More sharing options...
twowheelrider Posted March 25, 2005 Author Report Share Posted March 25, 2005 I don't know if I should send these brood of vipers anything. The reason for this is that I am not denying that the original debt is not mine however, I am not sure that the balance is correct. These vipers need to validate this. As stated in my other posts the CA/JDB supposedly purchased the debt from the OC (this is reported by at least one of the CRA's). Long story short last month I tried to get them to settle with an offer they sent me a couple months before that but I did not have the funds at that time to settle and I also was not aware as my spouse was handling our finances . The agent that had the account then is not the same agent now. It was assigned to someone else. The current agent insists on the full amount. I am waiting to hear back from the CRA's to determine if the status has changed and to see if anything else for the TL was changed. Is there anything else I should be doing? Link to comment Share on other sites More sharing options...
KentWA Posted March 27, 2005 Report Share Posted March 27, 2005 The failure to report disputed is not a per se violation of the FDCPA, you would have to convence the a judge that it falls under continued collection activity. It may not be hard, but it is not a letter of the law type thing unless within the first 30 days. However, that said it is most deffinantly a violation of the FCRA as they must mark all accounts being disputed with "In Dispute" and there is no time limit stated within the FCRA. Link to comment Share on other sites More sharing options...
Trying*Hard Posted March 30, 2005 Report Share Posted March 30, 2005 ok I have exact same letter, they received cmrrr 2/25 also responded on 2/25 and they did update credit report "disputed", difference is that no further contact until they sent letter on 3/23 with a settlement letter of 50% off debt. They never validated with me. So what do I do next. Link to comment Share on other sites More sharing options...
Guest Posted March 30, 2005 Report Share Posted March 30, 2005 Failure to list the account as disputed is an FCRA violation and is a straight up 1000 statutory fine for that one.Use that in your next letter to them telling them that you are not providing them any information it is up to THEM to prove they have a legal right to collect.My 2 pennies. Link to comment Share on other sites More sharing options...
divemedic Posted March 30, 2005 Report Share Posted March 30, 2005 Send a second letter, telling them you requested validation and they did not send it. You already have a violation in that they tried to collect post DV and did not validate. Was your DV request timely? Link to comment Share on other sites More sharing options...
Trying*Hard Posted April 8, 2005 Report Share Posted April 8, 2005 sorry but what do you mean by timely? Link to comment Share on other sites More sharing options...
workinninetofive Posted April 14, 2005 Report Share Posted April 14, 2005 sorry but what do you mean by timely?I think Dive means within 30 days. Did you dispute it within 30 days? Link to comment Share on other sites More sharing options...
Trying*Hard Posted April 14, 2005 Report Share Posted April 14, 2005 sometimes I get confused about which 30 days. No I didn't dispute within 30 days of receiving my first letter they sent. Yes I did dispute with the CRA once I receive the green cards back, as of today account is still listed "in dispute" I haven't heard back other than that settlement letter, so I sent a 2nd dv--guess we'll see what happens. Link to comment Share on other sites More sharing options...
rmuse00 Posted April 14, 2005 Report Share Posted April 14, 2005 Can I piggyback off this thread. I just received my TU reports and dispute for speigel was verified. I previously DV'd CA as well. They received my DV on 4/6/05 but i have not seen any validation from CA on this account. Since TU verified does that mean that "dispute" should be deleted? CA never validated? TU says verified how long should the "dispute" remain in place? Isn't it the CA that lists it in dispute? My new report from TU does not show any of my disputes as being disputed? Link to comment Share on other sites More sharing options...
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