havequestions Posted May 10, 2005 Report Share Posted May 10, 2005 Hi, I'm new and only found out about Debt Validation by reading this board. My question is: Can I only send a DV letter within 30 days after the FIRST letter from the Collection Agency? I sent two letters when I first found this board and have received a reply from one but wanted to make sure of this question. Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 Welcome aboard.The FDCPA states the collection agency (CA) will assume the debt is valid if you don't DV within 30 days.It continues to say that your failure to request DV is not an admission of liability to the debt, nor does the FDCPA state you lose your rights to validation after 30 days.If you're just starting out, it would be in your best interest to read over the FDCPA and the FCRA (links are above). Link to comment Share on other sites More sharing options...
havequestions Posted May 10, 2005 Author Report Share Posted May 10, 2005 OK, thanks! So, when I send out a DV letter, even after 30 days has passed, they have to quit trying to collect the debt after they have received the letter and until they provide me with validation? Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 Correct.This is where case law comes into play though.... they'll try to use some court's interpretation that says they don't have to validate after 30 days... blah blah blah...The statute is clear in its wording, so if the CA thinks they don't have to based on one court's opinion, then fight them. Link to comment Share on other sites More sharing options...
havequestions Posted May 10, 2005 Author Report Share Posted May 10, 2005 So, leaving messages on my answering machine after they have received the DV letter would be a violation?Oh, and the one letter I received said they didn't have to send me anything within 30 days as I had requested - that it would take longer than that to get the info and they would send it to me when they had it. Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 Yes, leaving messages would be a violation. They don't have to respond within 30 days - there is no time limit for validation. They cannot, however, continue to collect until validation is forwarded to you, and they must list the entry on your credit reports as "in dispute". Link to comment Share on other sites More sharing options...
havequestions Posted May 10, 2005 Author Report Share Posted May 10, 2005 Thanks! Just wanted to make sure I had interpreted what I read correctly. So, if I don't hear from them for another 30 days, I need to check my credit report to see if it is being reported as "in dispute" and if it is not, then it is another violation? Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 That would be the FCRA.... (see why I suggested looking them both over )The FCRA states that the CA must promptly notify them that it's being disputed...(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. Link to comment Share on other sites More sharing options...
havequestions Posted May 10, 2005 Author Report Share Posted May 10, 2005 Thanks for being patient. I have looked them both over but it is a "brain overload" to figure it all out. On another subject, do you know where I might find out information on how small businesses and merchants are protected from credit card fraud? I had a total of $38000 in what I suspicioned were fraudulent charges come through my online business within a week or so and alerted my merchant service provider as well as the issuing bank (BankOne). No one was concerned at all and the issuing bank promised me to contact the cardholder to verify the charge on one of the transactions. They never did! The cardholder called me today when she got her statement to tell me it was a fraudulent charge and I asked her if BankOne had not contacted her when I alerted them and she said NO. Now, the way their policies are, I will be the one to get hit with all the chargeback fees and such. It just doesn't seem right. I was the only one who investigated these transactions and alerted the banks and they didn't do anything about it. Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 Yeh, it's a lot of reading. I still refer back to it - too much to memorize.As far as the claim, the customer needs to file the claim with Bank One. She has 60 days to do so. That's where you get hit with the chargeback fees (your processor isn't going to be nice enough to pick up the charge)...As a merchant, you're stuck with this plague... which is why you need to doubly protect yourself (ie: AVS, 2/4 digit security code, blocking IP addresses from "undesirable" countries / locations, etc)Check out the Internet Fraud Complaint Center: http://www.ic3.gov/ and file a complaint... Link to comment Share on other sites More sharing options...
tryingtodigout Posted May 10, 2005 Report Share Posted May 10, 2005 How long after you send a DV letter does the TL have to marked in dispute. I have a TL being reported as JDB/OC. I sent a DV letter once I pulled my report and noticed they were reporting. I have no letters from them at this point. I had been ignoring my credit for the past few years because I knew it was bad. Anyway, they received my dispute at the end of April. I disputed online with the CRA. I am still awaiting the results. But the account has not been marked in dispute yet. There is nothing under the creditor's statement. Do they even have to mark it in dispute at all even at this point. Can someone point me in the right direction. Link to comment Share on other sites More sharing options...
GreatGadsby Posted May 11, 2005 Report Share Posted May 11, 2005 not to argue with the almighty DocDon, but even though you never lose your right to validation, the CA only has to cease collection activity if it IS in the first 30 days.(If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.OK, thanks! So, when I send out a DV letter, even after 30 days has passed, they have to quit trying to collect the debt after they have received the letter and until they provide me with validation?Correct.This is where case law comes into play though.... they'll try to use some court's interpretation that says they don't have to validate after 30 days... blah blah blah...The statute is clear in its wording, so if the CA thinks they don't have to based on one court's opinion, then fight them.havequestions Link to comment Share on other sites More sharing options...
ThePeacock Posted May 11, 2005 Report Share Posted May 11, 2005 Yes, leaving messages would be a violation. They don't have to respond within 30 days - there is no time limit for validation. They cannot, however, continue to collect until validation is forwarded to you, and they must list the entry on your credit reports as "in dispute".Doc Don, I'm having a similar situation....with 2 creditors. I know they don't have to respond within the requested 30 days. How long should I give ? How should I follow up? One is a utility bill actively reporting a balance after BK. The utility bill truely isn't mine and as of yet the CA for the utility company has come up with no proof the debt is mine....got the green card back April 6thSecond is Citibank actively reporting a balance after bk. Previous to my "you should delete this as it was IIB" leter there was no 24 month activity and now there is a current two year history up to last month of "charge off "status. It also shows in dispute, but according to experian and CSC/Equifax it comes back verified.Help!!!Thanks Link to comment Share on other sites More sharing options...
tryingtodigout Posted May 11, 2005 Report Share Posted May 11, 2005 How long after you send a DV letter does the TL have to marked in dispute. I have a TL being reported as JDB/OC. I sent a DV letter once I pulled my report and noticed they were reporting. I have no letters from them at this point. I had been ignoring my credit for the past few years because I knew it was bad. Anyway, they received my dispute at the end of April. I disputed online with the CRA. I am still awaiting the results. But the account has not been marked in dispute yet. There is nothing under the creditor's statement. Do they even have to mark it in dispute at all even at this point. Can someone point me in the right direction.Shouldn't the account be marked in dispute in this case? If so, how long do you wait to see if they mark in dispute before you send out another letter? Link to comment Share on other sites More sharing options...
DocDon Posted May 11, 2005 Report Share Posted May 11, 2005 not to argue with the almighty DocDon, but even though you never lose your right to validation, the CA only has to cease collection activity if it IS in the first 30 days.Almighty? I'm not without fault. LOLThank you for correcting my error.The interesting part of that section is that it must first meet the requirements of subsection (a)... "Within five days after the initial communication...."So, if they fail to send you your mini-miranda with 5 days after initial contact, that pretty much nullifies the part about them having to cease collections since they failed to meet the prequalifying requirements....Hmmmmmm....Of course they only need to lie and tell the court they sent it.ThePeacock: While they are under no time limit to produce validation, there must come a time when you have to 'assume' that they cannot validate the debt, therefore the debt is invalid, as well as the negative information reported to the CRA's.As it becomes clear that they have no intention of ever producing any kind of information whatsoever, you need to demand deletion. If they refuse, then file a formal complaint against them with the FTC and their state Attorney General. To send you a letter stating they will obtain information, but it may take upwards of 60 days or more is one thing. To completely ignore your request is quite another. Link to comment Share on other sites More sharing options...
ThePeacock Posted May 11, 2005 Report Share Posted May 11, 2005 Thank you for your reply. Link to comment Share on other sites More sharing options...
GreatGadsby Posted May 11, 2005 Report Share Posted May 11, 2005 Almighty? I'm not without fault. LOLI try not to argue with people in the 1000+ post club Link to comment Share on other sites More sharing options...
gerrygoround Posted July 14, 2005 Report Share Posted July 14, 2005 Just wanted to add something I've learned. Check your state FDCPA laws. In Texas, the state FDCPA says you can DV at any time, and the CA has to respond in 30 days. Link to comment Share on other sites More sharing options...
legend Posted July 18, 2005 Report Share Posted July 18, 2005 Yes, leaving messages would be a violation. They don't have to respond within 30 days - there is no time limit for validation. They cannot, however, continue to collect until validation is forwarded to you, What constitutes continued collection activity by them then? All DV's I have sent are always ignored and yet month after month they continue to list it as a collection, most are at least in dispute though. Others are selling or whatever to another cA to hound me even after I DV'd them they just pass it on to another to start all over again? How can you win???and they must list the entry on your credit reports as "in dispute". Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 18, 2005 Report Share Posted July 18, 2005 selling, transferring, or assigning a disputed account to someone else, IMHO is continued collection activity, presuming they start dunning you all over again. I'd respond with a DV, but in my complaint, I would list continued collection activity for both the first CA and the second. Notice to the agent is notice to the principal. Link to comment Share on other sites More sharing options...
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