MadinKS Posted March 28, 2007 Report Share Posted March 28, 2007 From DiveMedic's primer:There is no time limit for the CA to reply to your letter. They can simply do nothing, and are not in violation. That is why requesting reinvestigation through the CRA is important. It forces the CA to either violate by re-reporting an invalid tradeline, or allow deletion.The CA is not reporting the debt to CRA's but sent a letter to collect on debt. I just sent DV to CA today and disputes are in progress with CRA's. If the CA is not reporting the debt (yet), only OC is reporting, then does this still constitute violations if the debt comes back verified without CA validation to me? Am I confusing the heck out of myself? Yes. Need help here. Thanks. Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 28, 2007 Report Share Posted March 28, 2007 A timely DV, if not validated, means the CA cannot continue to pursue collection efforts.If the only TL is from the OC, then it sounds like the debt is still with the OC. Link to comment Share on other sites More sharing options...
MadinKS Posted March 28, 2007 Author Report Share Posted March 28, 2007 So, what does that mean if it's still with the OC and the CA doesn't validate? I'm more confused now. What would be my next action if they don't validate? Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 28, 2007 Report Share Posted March 28, 2007 The OC and the CA get treated differently as the laws are different for each.If you timely DV the CA, then by law they have to either validate or go away. They can take as long as they want to validate. 2 months, 6 months, 2 years. Doesn't matter. But if they attempt to collect on the debt before validating, then they are in violation.If the CA goes away, TL and all, then you can dispute the OC's TL with the CRA. If the CRA verifies, and you know it's not your debt, then you can begin down the ITS path with the OC. If you know it's your debt, then you can begin to negotiate a PFD settlement with the OC.Just follow Kristi's DV flowchart. It's a sticky in the DV forum. The CA is the most important vampire to slay first, and once you slay it the OC becomes your focus. Link to comment Share on other sites More sharing options...
MadinKS Posted March 28, 2007 Author Report Share Posted March 28, 2007 Ok, but the letter from the CA says nothing about the 30 days to validate debt, just that their client will take 3 payments of $xxx.xx to settle the debt. Aren't they supposed to have the mini-miranda if it's their first correspondence with me? I could swear that is required but can't remember where I saw it. Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 28, 2007 Report Share Posted March 28, 2007 Yes, that's in § 809(a), and it's yet another violation.http://www.creditinfocenter.com/legal/FDCPA.shtml#809Have you DVed them? Link to comment Share on other sites More sharing options...
MadinKS Posted March 28, 2007 Author Report Share Posted March 28, 2007 Yes, I just sent DV today. CMRRR, of course. I had just found that sec of the FDCPA. I was so proud of myself. Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 28, 2007 Report Share Posted March 28, 2007 Good goin'. Keep the letter from the CA, start a file, save your CM receipt, your USPS receipt (which also has the CM number on it), save the green card when it comes back, and save the photocopy of your DV letter with your signature. Link to comment Share on other sites More sharing options...
MadinKS Posted March 29, 2007 Author Report Share Posted March 29, 2007 Got it. Thanks for the help. Until the next question. See ya. Link to comment Share on other sites More sharing options...
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