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Untimely DV'ing


Bigbrown88
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Before I decide to DV the CA's, I need to ask a quick question regarding my legal rights in doing so.

I dont have a single letter from any of the CA's, all i have are my CR's with these CA's name and balances on them. Obviously since I dont have any letters, and I have long since shredded the ones I had over a year ago, this would be a untimely DV.

My questions are these:

1) do i still have the right to DV

2) if I do DV in an untimely manner, am I re-aging the account or anything else that can hurt my purpose by resetting SOL and such.

3)what is the base amount of info they have to send me, or in other words, what constitutes a "proper validation" from a CA. I am guessing it has to be more than my Name, Address and an Amount.

ANy help and info will be greatly appreciated. Thank you.

Mike

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1. if they never contacted you and you are with in 30 days of seeing these items.

2) they cannot re-reage the debt (not suppose to lol)

3)nothing. they dont have to send anything. But they are not suppose to try to collect till they validate.

now on proper validation. (I want photo ID and thumb print and retna scan.. lol) but its what ever your willing to accept if you go to court. One company had 9 bills for an addy for a phone, with soc and name, and tried to collect based on that info. the day befor court i went and got a police report for identity theft that i never lived at that addy. So in that case they dropped it. Because a paid bill then bad bills in your name does not mean you. So i re state, how do you prove your you or not you?

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If you just found collection agencies on your credit reports, send them a DV with "I just found you on my credit reports...WTH?" in the letter. If they haven't contacted you in a year, work under the assumption that they sent their letters to the wrong address. This might not hold up in court, but, you're within your rights.

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So really it is the same, if they dont respond within 30 days they are in violation. Correct?

No...no violation. The FDCPA only says that YOU have 30 days from their first contact to request verification. Once they receive your DV, they must mark your CRs "in dispute"...and cease colllection until they reply. The only possible violation would be if you DV...and they don't mark you "in dispute".

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  • 1 year later...
No...no violation. The FDCPA only says that YOU have 30 days from their first contact to request verification. Once they receive your DV, they must mark your CRs "in dispute"...and cease colllection until they reply. The only possible violation would be if you DV...and they don't mark you "in dispute".

ok so lets say i dv them untimely, they mark on my CR that it i dispute it. i then dispute it with the CRA and they verify the info with the CRA marking it as verified. is that a violation is they still don't answer my untimely DV but yet they are still pursuing collection activity by verifying the info with the CRA?

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A DV should be used first.

Per the FDCPA you have 30 days from the first dunning letter to request a DV thats where the DV has it's most power.

A DV is asking for them to validate that the debt is yours an investigation is asking them to investigate how the TL is reported.

If the CA is not reporting on your CR you can't use the 623 letter.

The 623 letter is under the FCRA so if they are not reporting you can't use it.

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