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After 30 days: What are CA obligations on receiving DV?


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Hi all! I'm new to the boards, but have been reading, reading, reading the last few days. And I've seen conflicting opinions on an important issue. So I thought I'd start a thread to hash out:

:?:What, exactly, are the obligations of a CA when receiving a DV AFTER the 30-day window? :?:

Do they have to cease collection activity?

Do they have to respond to you within a certain time?

Do they have to respond to you SOMETIME? Or NEVER? (The difference between "sometime" and "never" would be [i think] that if the CA has to respond "sometime" then they would be required to make some kind of internal effort to locate the relevant documents even if they only planned to send you the information in 2025. If "never" they can just put you in the circular file. This could be useful in court.)

Are they required to report the item to the CRA's as disputed, even if you yourself haven't disputed with the CRA's?

I'm sure there's more to ask and add, but that's why we have a forum, no?

Have at it!

jfaustus

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Wow, you are a NYer. My eyes hurt from the yelling. xThudx

What, exactly, are the obligations of a CA when receiving a DV AFTER the 30-day window?
The only requirement of a CA after 30 days is that they mark your CR TL as disputed. That's it. No more, no less.
Do they have to cease collection activity?
No.
Do they have to respond to you within a certain time?
No.
Do they have to respond to you SOMETIME? Or NEVER? (The difference between "sometime" and "never" would be [i think] that if the CA has to respond "sometime" then they would be required to make some kind of internal effort to locate the relevant documents even if they only planned to send you the information in 2025. If "never" they can just put you in the circular file. This could be useful in court.)
Never.
Are they required to report the item to the CRA's as disputed, even if you yourself haven't disputed with the CRA's?
Yes. See lines 3-5.

All of these answers are based on your DV after the 30 day window.

BTW, WELCOME

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If a DV is sent to a CA after the 30 day validation period has run, they have no obligation under the FDCPA, except that they may not use any false, misleading, or abusive statements in the collection of this debt.

They DO have an obligation under the FCRA to note your TL as disputed, but the failure to do this is not actionable, unless the CA verifies the TL after receiving a dispute under 1681s-2(B).

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sorry to hijack a bit, but it's the same topic. I have 2 TL's marked disputed by customer. One just came back "unchanged" on EX. Is there something there? I assume the CA just verified everything was as they say, and I still dispute.

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I understand that they have no "obligation" to respond to any DV that is sent after 30 days. A question that i have is that once they do respond to a DV letter, that would legally obligate them to validate the debt, correct? Ex. DV letter sent to ABC Scumbag on 5/4/07 and ABC responds with whatever response they feel necessary, something inadequate...they can't contact you, or pursue collections, or take you to court because they acknowledged the DV effort and while the DV is in progress, the debt is in limbo at that point.

One thing that I did is I made sure to write that I never received any written notice from your company within the 5 day period as required by law. That simple statement, in truth is basically worthless and there's next to no way of proving it, sets the tone for the reader at the CA. It basically gives them the impression that I know the "law" and that I won't simply roll over and cough up the money, even if I really don't. CA's hire a lot of people and have high turnover, so if you are lucky and can get a lazy one or one that doesn't know what they are doing, then your chances of succeeding increase dramatically.

That is how I take it. They may not have an obligation, just like a consumer has no obligation to pay, but once the CA responds as if they are validating the debt, they are caught and can't go any further until the validation process is completed.

Anyways, as the title says, i am a student of credit and am just giving my $.02

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That is how I take it. They may not have an obligation, just like a consumer has no obligation to pay, but once the CA responds as if they are validating the debt, they are caught and can't go any further until the validation process is completed.

Not exactly. They still do not have to cease collection, but any attempt at validation that is misleading or unfair to the LSD is a violation.

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thanks for the reply. so they are caught with having to fulfill validation fully and any misleading information or continuing with inaccuracies would be violations. however, they are still able to continue with collection activities since it is not a timely DV letter.

sorry, just repeating it to myself so it will sink in! lol

thanks again divemedic.

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What about when you've never received their mail because of an old address, but they call you? I just got my first call from them last week and DV'd via email (it was/is NCO) and CMRRR. I'm wondering if they can claim more than 30 days when I never received mail. At what point are they responsible for having your correct address and using that as valid communication? There must be a huge percentage of the time when they don't have the right address or can't rely on the USPS for general services like forwarding and such.

I know I send so much mail RTS that comes to my box (from old tenants) and since it never stops from some people like AmEX, I'm assuming the USPS isn't RTS'ing or Forwarding.

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any ideas on what ways or methods there are for proving that they enver sent it? can your request records from the CA as to teh exact date it was sent to you and the address it was sent to? just trying to see what tools we have available!

thanks divemedic, you seem to have a ton of experience in this. how is it that you learned so much?

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any ideas on what ways or methods there are for proving that they enver sent it? can your request records from the CA as to teh exact date it was sent to you and the address it was sent to? just trying to see what tools we have available!

Yes, it is called discovery.

thanks divemedic, you seem to have a ton of experience in this. how is it that you learned so much?

Over the last 5 years, I took my score from a 557 to a 750 and bought a car and a house.

When I began repair, I was ready to declare BK. I had a Repo on my CR, I was effectively homeless (sleeping at one friend's house or another), couldn't get an apartment because I had been evicted for nonpayment, couldn't even get a bank account. At one point, I had $33,000 in CC debt.

I paid off all debts that weren't delinquent, fixed my credit, and along the way I bought 2 new cars, a house, and got a score of 750. I sued a few CA's, 3 last year alone. I won over $10,000 in settlements just last year.

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