lolah Posted August 1, 2007 Report Share Posted August 1, 2007 I keep reading posts about your DV being 'timely'. What exactly does that mean?And, what if it's NOT timely? Link to comment Share on other sites More sharing options...
rmuse00 Posted August 1, 2007 Report Share Posted August 1, 2007 When a debt collector contacts you for the first time you should get communication from that agency that says you have 30 days to dispute a debt. This communication should come to you within 5 days of their first initial contact with you. During this time, they should note the particular account as being "disputed by consumer" if they are reporting on your credit report or not report until they have provided you with validation from your request to dispute. If however, you miss the 30 day window, you can still dispute and ask for debt validation but they do not have to stop trying to collect. You can check out this link, from the top of the forum, http://www.creditinfocenter.com/rebuild/debt_validation.shtmlFDCPA Section 809. Validation of debts [15 USC 1692g] ( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Good luck! Link to comment Share on other sites More sharing options...
lolah Posted August 1, 2007 Author Report Share Posted August 1, 2007 Even though I never got a letter from ANY of the CA's? How can I DV in a 'timely manner' if I didn't get a letter? Link to comment Share on other sites More sharing options...
swirlgirl Posted August 1, 2007 Report Share Posted August 1, 2007 My personal policy is to always send a DV, regardless of the time. They have to prove the debt is valid before they can collect. So, send a DV letter. Link to comment Share on other sites More sharing options...
lolah Posted August 1, 2007 Author Report Share Posted August 1, 2007 My personal policy is to always send a DV, regardless of the time. They have to prove the debt is valid before they can collect. So, send a DV letter.I did. I guess I was confused and thought they didn't have to respond if it wasn't within the 30 days. Link to comment Share on other sites More sharing options...
Bella710 Posted August 1, 2007 Report Share Posted August 1, 2007 Even though I never got a letter from ANY of the CA's? How can I DV in a 'timely manner' if I didn't get a letter?I never get any letters either. I had one on my CR for about 6 months before I saw it, DV'd and it went away (after my follow up). I just wrote in the letter that I never got any correspondence from them. Two others called me last month and I DV'd them right away. The one seems totally against sending me anything in the mail since they keep f'ing calling me even though I wrote for them not to call. Idiots. Link to comment Share on other sites More sharing options...
lolah Posted August 1, 2007 Author Report Share Posted August 1, 2007 I never get any letters either. I had one on my CR for about 6 months before I saw it, DV'd and it went away (after my follow up). I just wrote in the letter that I never got any correspondence from them. Two others called me last month and I DV'd them right away. The one seems totally against sending me anything in the mail since they keep f'ing calling me even though I wrote for them not to call. Idiots.Thanks for the advice. Did you follow up because they validated or because they didn't respond? Link to comment Share on other sites More sharing options...
Bella710 Posted August 1, 2007 Report Share Posted August 1, 2007 Thanks for the advice. Did you follow up because they validated or because they didn't respond?They never responded. After 30 days I sent a copy of the first letter & copy of green card and they sent me a delete letter right away. Link to comment Share on other sites More sharing options...
lolah Posted August 1, 2007 Author Report Share Posted August 1, 2007 They never responded. After 30 days I sent a copy of the first letter & copy of green card and they sent me a delete letter right away. Would you mind posting your follow up letter? Link to comment Share on other sites More sharing options...
Sultan Posted August 1, 2007 Report Share Posted August 1, 2007 Some of us have a difference of opinion on this subject.I'm a firm believer (and I know of many others who are too) that an agency still needs to prove you owe the debt through validation before you are obligated to pay them a single red cent, timely or not, they (the JDB's and CA's) often chalk up violations by not validating timely or untimely. Link to comment Share on other sites More sharing options...
Sultan Posted August 1, 2007 Report Share Posted August 1, 2007 If they (the JDB's & CA's) read here on these forums that they can simply ignore an untimely DV it may likely get them sued, especially if they come across someone like me or one of the other educated / savvy consumers popping up more and more across the lands.TRUTH. Link to comment Share on other sites More sharing options...
Bella710 Posted August 1, 2007 Report Share Posted August 1, 2007 Would you mind posting your follow up letter?I found a standard letter and tweaked it. Here's mine:To Whom It May Concern:This letter is a follow up to my May 1, 2007 correspondence, which was signed for at your offices on May 2, 2007. To this date, I have still never received a single word of correspondence from your organization. In my May 1st letter I detailed my request for debt validation. Enclosed, please find a copy of that letter as well as a copy of the Certified Mail trackeing information proving that you did indeed receive my correspondence.By not sending me proof of this debt, you are in violation of the FDCPA. You must immediately remove the collection listing from all of my credit reports or I will be forced to commence legal action. Again, all future communications with me must be done in writing and sent to the above address. Link to comment Share on other sites More sharing options...
lolah Posted August 1, 2007 Author Report Share Posted August 1, 2007 Thanks! Was this recent? Did it result in a deletion? Link to comment Share on other sites More sharing options...
Bella710 Posted August 1, 2007 Report Share Posted August 1, 2007 Yeah, I sent it in early June and got the delete letter 10 days later. They never called or mailed me anything, just put themselves on my CR back in Oct. I didn't find out til I checked my CR in April, so that was a shock. Link to comment Share on other sites More sharing options...
Sultan Posted August 1, 2007 Report Share Posted August 1, 2007 Furthermore there are lots of other sources of ammo to fire when a JBD comes knocking on your financial door, if you missed the 30 days you can move on to demand letters, verification, ITS, state laws, etc. Judges can & will actually interpret the law differently on the subject of timely or untimely DV as well.Much the same as certain people here tried to say that the Chaudhry v. Gallerizzo was a defense for JDB's and Agencies, regarding validation or verification - actually quite the contrary, what was happening is many of the debt collectors were taking certain items out of the case and twisting it (heavily skewed in their favor of course) DON'T BY THAT ONE PEOPLE, do a little more research yourself, one or more persons opinion is not the law of the land with these issues that even judges often have a hard time interpreting, grasping and have little education or knowledge of.Personally I have an iron clad defense that blows the Chaudhry v. Gallerizzo case right out of the water even though as I said certain people here swore up and down, that it was a solid defense for the opposition.This isn't being said for any other reason except that it needs to be.Do your homework people. Link to comment Share on other sites More sharing options...
confuzed Posted August 1, 2007 Report Share Posted August 1, 2007 I just DV'd a CA(JDB) but after reading other threads I got nervous - what if he'd called or sent something weeks ago that I threw out? I toss tons of stuff, all the credit card offers and junk mail. I delete all my 800 number calls without mercy. I never saw anything about this or spoke to these people, but what if they say they tried...?Would that mean they wouldn't have to respond to my DV?I believe they got it, although I have no green card back yet, because they stopped calling yesterday morning.Ah, okay - I just got one answer from Sultan's post in the "What we've learned" thread. That the thirty-day requirement is that the CA take no collection action, e.g. reporting to CRA's. If they say I am outside the 30-day window, they could report it (which they can't because it's outside the 7.5 years and I would then dispute it) but they still have to respond to my request for all the validation of debt. That makes sense. Link to comment Share on other sites More sharing options...
Bella710 Posted August 1, 2007 Report Share Posted August 1, 2007 I just DV'd a CA(JDB) but after reading other threads I got nervous - what if he'd called or sent something weeks ago that I threw out? I toss tons of stuff, all the credit card offers and junk mail. I delete all my 800 number calls without mercy. I never saw anything about this or spoke to these people, but what if they say they tried...?Would that mean they wouldn't have to respond to my DV?I believe they got it, although I have no green card back yet, because they stopped calling yesterday morning.Well if they did send you something and they didn't send it certified, they don't have any proof. Irregardless, you still have the right to have the debt validated. Link to comment Share on other sites More sharing options...
Recommended Posts