Perfect Imperfection 10 Posted February 4, 2006 Report Share Posted February 4, 2006 i sent out a request for validation, to Portfolio RC, and have failed to respond to me within the 30days. What do I do now? is there another letter i send? which one? & to who? I'm very new at this.. so you must 4give my dumb questionplease Help, thank you in advance. Link to post Share on other sites
divemedic 51 Posted February 4, 2006 Report Share Posted February 4, 2006 They do not have to respond at all, as long as they cease collection activity, and even then only if your DV was timely. That is why the 1-2 punch is so important. Link to post Share on other sites
speedgonzalez 10 Posted February 8, 2006 Report Share Posted February 8, 2006 Wow I forgot what 1-2 punch means, I know 1 is the DV letter, what's 2? Link to post Share on other sites
Feel violated 24 Posted February 8, 2006 Report Share Posted February 8, 2006 As divemedic pointed out one punch one is the DV request--the US congress forgot to set a time limit for the CA to respond--but some state laws do. But until the CA validates the law says they must cease collection activities and list any tradelines on the CRA as disputed.---but if the CA is serious about validating the debt back to the OC that process can easily take 60-90 days if the CA can do it at all.The two punch is to wait a reasonable time and then write any of the CRA's where the CA has listed a tradeline disputing that tradeline. Which puts the CA in a bind as the CRA must request verification from the CA---if the CA says to the CRA keep listing the tradeline before the CA validates the debt to you. Then bang you got em for continued collection activity and can sue and win on this in court. Nice in theory but lots of monkey business in actual practice. Then the hunted turn into the hunters and must have some serious preparation to assume that role. Link to post Share on other sites
divemedic 51 Posted February 8, 2006 Report Share Posted February 8, 2006 I have successfully used the tactic in court several times. Link to post Share on other sites
maxedoutagain 11 Posted February 9, 2006 Report Share Posted February 9, 2006 And what if there is no reporting\no tradeline at all on the credit reports?I received a demand for payment from a CA, DV'd them immediately (I received the green card back and its dated Feb 2, 06). My credit reports don't show any collection activity, or even a tradeline by the OC (an insurance company). What's my next step? Link to post Share on other sites
IHateCAs 25 Posted February 9, 2006 Report Share Posted February 9, 2006 The US congress forgot to set a time limit for the CA to respondThey didn't forget. They realized it didn't make sense to set a time limit on something the CA had no control over. Once they CA notified the OC of the dispute, the CA's hands are legally tied.--but some state laws do.Texas law states they must at least respond within 30 days, but aren't required to actually verify the debt in that timeframe. Link to post Share on other sites
retmar 241 Posted February 9, 2006 Report Share Posted February 9, 2006 You have two choices in my opinion.One is to wait 35 days and send a second DV reminding of first, including copies of letter and green card.The other is to sit and wait to hear from them. You say they are not reporting which is good, so now you will just monitor your CR to see what happens. If no TL is reported and you do not hear from them, oh well. Or, if the debt is legit and you want to pay it, wait for a while then send an offer of settlement for a lesser amount to try and get a response. An example would be to make it clear that if they respond to your initial DV and the debt is valid, etc., you will pay X amount on the dollar. If you check your CR and find them reporting, make sure it is reported as disputed. If it is, they're legal. If not, you nail them for the violation along with the second DV. Link to post Share on other sites
maxedoutagain 11 Posted February 9, 2006 Report Share Posted February 9, 2006 Retmar,Thank you. The strangest thing (so far) on this is that the OC sent me some documents I requested (before I knew they sent this to a CA) and in the OC's cover letter they stated "Referring to a collection has no affect on one's credit."So if the CA does create a TL on my CR, what do you suggest? I feel like I've got my hands on some gold of some sort with that written statement by the OC. Again, thank you for your input. Link to post Share on other sites
maxedoutagain 11 Posted February 9, 2006 Report Share Posted February 9, 2006 Retmar,Typo, sorry, should be: "Referring to a collection agency has no affect on one's credit." Link to post Share on other sites
divemedic 51 Posted February 9, 2006 Report Share Posted February 9, 2006 An example would be to make it clear that if they respond to your initial DV and the debt is valid, etc., you will pay X amount on the dollar. Be aware that in some states, an offer to pay resets the SOL. Link to post Share on other sites
Recovering Attorney 78 Posted February 9, 2006 Report Share Posted February 9, 2006 Maxed, I htink that statement is innocuous. Could be, the OC sends items to a CA but never sues nor has the item put on the CR. If it does pop up on your CR, voila! Link to post Share on other sites
IHateCAs 25 Posted February 9, 2006 Report Share Posted February 9, 2006 I just wanted to stress the fact again that the CA does not have to respond within 30 days. I have no idea where people are getting this from, but they are not obligated to respond to a timely DV within 30 days.Two expections:1) Debtor lives in Texas2) CA office is in TexasIf either are true, they are required to respond to the dispute within 30 days, although verification need not be provided at that time. Link to post Share on other sites
retmar 241 Posted February 9, 2006 Report Share Posted February 9, 2006 Like you, IHateCAs, I can't figure that one myself. But, if you think about it, it may be becasue they think that if they have to respond within 30 days, the CA must also have to. I don't know. It can't be from the OC law where they must respond within 60 days on a dispute with one's account because that is a totally different law.Very true on the resetting of the SOL. Thanks for including that.Definitely hold on to that letter with the comment as it will definitely help you in this, if the debt is reported.As to the problem, just watch your CR to make sure that if they report, they report as disputed until you hit them with the letter. At the same time, watch for phone calls or letters that may violate you. Link to post Share on other sites
