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C&D letters


NightHawk
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Is it a violation of law for a CA to verify with the CRAs after receiving a C&D letter? I have sent ASSet 3 letters trying to get their bogus claims off of my report. The first was a DV where I strictly told them not to call my home or work. They ignored that one and called my home at least 9 times before I sent them another asking for validation and again not to call. The last letter I sent them was a C&D they received on December 11th and I have had 2 calls from them since then.

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No it's not.

If they call you after they've received your C&D, then yes it is.

Was it a full C&D, nothing else? Did you send CMRRR?

I thought I read that verifying with the CRAs is considered continued collection activity. I will have to do more research on that.

Yes it was a full C&D. It was the do not call, do not write, I don't ever want to hear from you again type. Yes I did send it CMRRR. I am also keeping a log of their calls. I already plan to sue them for numerous other violations.

NightHawk

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I never received anything from them. So I would say yes it was timely. They sent me a letter for validation that had DOLA 11/13/2001. So they can FOAD.

NightHawk

IMAHO; should it get to court, your argument that the DV was timely likely won't fly IF they can show any evidence that they've tried to contact you through their reguar business practices.

I may be wrong but with regards to their continuing to report/validate to the CRA's, it's my understanding that if they had not reported before your DV/D&D then they could not start reporting but if they already are reporting then then continue to do so (assuming it's reported accurately of course) and the reporting should show that the debt is disputed.

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