Untimely DV in Cali, how do I handle this response?

[CaliStar]

I am completely new to this have read alot but still a little confused , hope someone can offer some good suggestions. I sent out A DV Nov 27 after seeing something on my credit report, I don't dispute that the acct is mine but want to pay the correct amount and the correct people and want this off my report.The CA just sent me a bill stating that my account was regarding the OC.I don't feel this is DV because they did not tell me anything more than " It is our duty to collect on this account for our client". So I wonder , do I continue with the DV process? do I acknowledge that the acct is mine and try to settle? Should I settle with the CA and If I do will they take this off my report ?

[debtorshusband]

If you specifically asked for an accounting of how they arrived at the amount they are demanding and proof that they have been assigned the debt (and I hope you did), I would not start negotiating a settlement yet. Ask again for the information you want.

I wouldn't be surprised if you get other posts telling you they don't have to provide this information to verify the debt. However, since you're in California, I refer you to Legal Guide DC-2 from the California Department of Consumer Affairs. (Do a Google search.) It says you can ask for anything you want:

4. The debtor may require verification of the debt’s existence, amount, or anything else. The debtor can require a debt collection agency to verify the existence or amount of a debt that the debtor disputes or may dispute. In order to exercise that right, the debtor must notify the debt collection agency in writing and within 30 days after the debtor first receives the verification notice. The debtor can either inform the debt collection agency (in writing) that the debtor disputes the debt, or some portion of it, or ask the debt collection agency (in writing) to provide verification of the debt or some aspect of it. The debtor’s communication is not subject to technical requirements, and need only question the demand for payment in some way. For instance, it may consist of (a) an inquiry about the origin or date of the alleged debt, ( a request to verify its enforceability, © an assertion that the amount demanded is incorrect, (d) an assertion that nothing is owing, (e) an assertion that the debt is owing by someone else, (f) a question concerning the fact or amount of any previous payments, or (g) an expression of some other concern or question relating to the debt. All the debtor must do is send the collector a letter, or other written communication (such as an e-mail message), that includes the statement, “I dispute the debt,” with the debtor’s name and a description of the alleged debt.

[luckyjaytx]

I think its the same in TX. From what i read of the Texas Financial Code, you can pretty much DV at anytime.

[iamawriter]

Thanks for the DCA link DH. There's some great information there & I've added to my favorites. Unless I'm missing something, though, it still says you have to request verification w/in 30 days .

Also, any info. on where to pull up the DC-3 document that has the full text of the statute? I can't seem to find yet.

Thanks!

[debtorshusband]

I'm not aware of any DC-3 document. Here's were I usually go to look at the text of the FDCPA. (This is my first attempt at pasting a link. If it doesn't work, Google FDCPA)

Here's the way I see it. (See section 809) YMMV, and in another thread another poster argued with me about a few of these points.

The typical scenario is:

A debt collector calls you. This is "first communication."

The DC now must send you a letter within 5 days. The letter must contain the "Verification Statement". ("You have 30 days, yada, yada, or we will assume the debt valid, etc.")

If you send in a DV demand within 30 days, the DC must suspend all debt collection activity until they send you the information you requested. If they choose, they may not respond at all, but might transfer/sell the account to another collection agency.

If you do not respond within 30 days, the DC can resume collection activity (dunning letters, phone calls, etc.)

Now, IMHO, reporting a debt to a Credit Reporting Agency is not a first communication, nor did it contain the Verification Statement, which triggers the 30 day period to dispute.

Now, I'm assuming that in your case you were never contacted by the CA, by phone or letter. You found an item on your Credit Report, and sent a DV letter to the CA. Now, in all probability they're going to claim that at some point they sent you a letter with the required VS, and then you didn't respond within 30 days. My advice is, don't sweat it. You just reply that you never got any such letter, and you're disputing now. IMHO, an untimely dispute is still a dispute, and now it's on the record. If the CA asserts the dispute is untimely, that just means they can continue with the dunning letters and phone calls. Of course, your DV letter should have demanded no phone calls, so now all they can do is write. The CA may assert that they don't need to send verification if your DV is untimely. I say "Baloney." Hold your ground: No further negotiation until they provide the validation information you require. The CA's options are now still: send you the validation documentation, ignore you and send dunning letters (which you likewise ignore), or transfer/sell the account, in which case you will eventually hear from a new CA, and start over at square one.

Hope this helps.

DH

[debtorshusband]

Oops, in my last post I assumed iamawriter was the Original Poster. So, my "assumptions" were based on the OP's post, and obviously may not apply to iamawriter.

Sorry.

DH

[Textoy]

imawriter said:

Also, any info. on where to pull up the DC-3 document that has the full text of the statute? I can't seem to find yet.

Thats DC-2 not DC-3: http://www.dca.ca.gov/publications/legal_guides/dc_2.pdf

you have to google

Department of Consumer Affairs DC-2

to find it. It's for those living in California

[CaliStar]

Thanks for all that info , I was "sweating" it because it was untimely, another question, I was going by the DV flowchart ,I recieved that dunning letter 2 weeks after I send my DV request do I need to wait 30days to see if they send me anything else ? or is that pretty much their response to my letter and I can send my response anytime.

Thanks everyone

[iamawriter]

Thanks, Debtor. Much of the advice for the OP applies to my situation as well. I'll be sending a 2nd letter disputing the debt and requesting validoation.

Newbie With a Goal of Clean Credit by the end of 2008

[andbowd]

Thanks for info on this subjet. AB