when CA doesnt respond to dv

[TungstenMan]

It is way past the initial 30 days, these are collections that are a few years old.

If i sue them, can I claim I never received any initial communications from them? I never received any certified/registered letters, so how can they prove that they initially contacted me?

[nascar]

It is way past the initial 30 days, these are collections that are a few years old.

If i sue them, can I claim I never received any initial communications from them? I never received any certified/registered letters, so how can they prove that they initially contacted me?

They don't have to prove it.

[swirlgirl]

What kind of debt is this? Did you dispute with the CRA? Did you send the CA a second DV letter? Sending a couple of letters to the CRA is usually needed to show that you made efforts to resolve the debt. If you still don't get a response, send a ITS letter and take it from there.

[TungstenMan]

What kind of debt is this? Did you dispute with the CRA? Did you send the CA a second DV letter? Sending a couple of letters to the CRA is usually needed to show that you made efforts to resolve the debt. If you still don't get a response, send a ITS letter and take it from there.

its an at&t cell phone bill. I did dispute it with cra and came back verified. Just sent a follow up letter (2nd dv) to CA stating that they never initally contacted me, found out about this debt from pulling credit report and to please validate it.

will see what happens thanks.

[elyse449]

its an at&t cell phone bill. I did dispute it with cra and came back verified. Just sent a follow up letter (2nd dv) to CA stating that they never initally contacted me, found out about this debt from pulling credit report and to please validate it.

will see what happens thanks.

This doesn't happen to be Palisades collection, would it? What is it you're hoping to sue them on?

Elyse

[razr]

If i sue them, can I claim I never received any initial communications from them? I never received any certified/registered letters, so how can they prove that they initially contacted me?

Certainly include it in your complaint against them. No dunning letter, no mini-Miranda etc are violations and add weight to your claim. You want to show a pattern of willfully non-compliance.

-r

[TungstenMan]

yes it is palisades. im not planing on going to court, unless I want to purchase a home before 7 years is up. I sent one dv letter way after 30 days of not being contacted, and just sent a follow up.

i filed a bbb complaint, which they are a member of. here is what i said:

*****

Complaint Description:

I recently checked my credit report and found a collection account for a debt that is not mine that stated it was open as of 8/1/2006. I had never received and phone or mail contact regarding this account. I then sent a letter requesting that the debt be validated in accordance with section 809 of the "Fair Debt Collection Practices Act." That request was ignored, probably because the inital 30 day period has passed from the accounts date of 8/1/2006. I beleive they did not initially contact me by phone or email during that time in order to prevent me from validating the debt.

Your Desired Resolution:

I request that the account be removed from my credit report if the collection agency can not validate the debt (in other words prove that it belongs to me) or prove that I was contacted within thirty days of 8/1/2006, the date of the account on my credit report.

*****