flak88mm Posted January 17, 2008 Report Share Posted January 17, 2008 they replied with a letter telling me that they submitted to my CRs as "consumer disagrees, in dispute" status and says to call them to settle the matter. My original letter to them was for them to provide valid documentation from OC of acquiring the debt with signatures.. but instead wrote me this letter...What's my next move? Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 You send them a nice little letter explaining that you want all correspondence regarding this matter in writing and that their response to your initial letter did not provide sufficient documentation evidencing your ownership over this account. Include a copy of your original letter, a copy of their response, a copy of your CMRRR card proving that they received your original letter and demand a faster response. Link to comment Share on other sites More sharing options...
flak88mm Posted January 17, 2008 Author Report Share Posted January 17, 2008 You send them a nice little letter explaining that you want all correspondence regarding this matter in writing and that their response to your initial letter did not provide sufficient documentation evidencing your ownership over this account. Include a copy of your original letter, a copy of their response, a copy of your CMRRR card proving that they received your original letter and demand a faster response. If i do this, do they get a fresh new 30 days? or is it still 30 days from the first letter? Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 Depends on who you ask. Technically, they didn't provide you with sufficient documentation as per your request. If your DV was untimely, they don't have to respond to it or provide you with anything in the first place. However, since they did respond to your letter...You can probably hold onto the first deadline that you imposed. If your DV was untimely, there aren't any guidelines that apply here. Link to comment Share on other sites More sharing options...
redskinfan Posted January 17, 2008 Report Share Posted January 17, 2008 Basically they marked it as being in dispute on your credit report which is what you wanted as well and until they validate they are to stop collection efforts as long as you DV'd timely, by them now asking you to pay without validating is a violation. Link to comment Share on other sites More sharing options...
flak88mm Posted January 17, 2008 Author Report Share Posted January 17, 2008 Depends on who you ask. Technically, they didn't provide you with sufficient documentation as per your request. If your DV was untimely, they don't have to respond to it or provide you with anything in the first place. However, since they did respond to your letter...You can probably hold onto the first deadline that you imposed. If your DV was untimely, there aren't any guidelines that apply here.what do you mean by an "untimely" DV? Link to comment Share on other sites More sharing options...
flak88mm Posted January 17, 2008 Author Report Share Posted January 17, 2008 Basically they marked it as being in dispute on your credit report which is what you wanted as well and until they validate they are to stop collection efforts as long as you DV'd timely, by them now asking you to pay without validating is a violation.That's what they are basically doing, indirectly. It says in the letter to call them to settle this matter and in top right corner, you see a balance + interest. The interest is like $180, which i think is a bunch of BS.. Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 An untimely DV is a DV sent out past the 30-day magic window, which is the 30-days immediately following your receipt of their dunning letter. The FDCPA only provides you with 30-days to dispute the debt and request validation through the DV process. If you're outside of that window, the CA's aren't required to do anything with your letters. They don't have to respond, send you anything, etc. Link to comment Share on other sites More sharing options...
flak88mm Posted January 17, 2008 Author Report Share Posted January 17, 2008 An untimely DV is a DV sent out past the 30-day magic window, which is the 30-days immediately following your receipt of their dunning letter. The FDCPA only provides you with 30-days to dispute the debt and request validation through the DV process. If you're outside of that window, the CA's aren't required to do anything with your letters. They don't have to respond, send you anything, etc.I'm screwed then. What's the best that I can do at this point? Link to comment Share on other sites More sharing options...
gator944 Posted January 17, 2008 Report Share Posted January 17, 2008 In your initial letter, you requested validation. The letter they sent to you as a reply doesn't provide any documentation, but also doesn't say it's not on it's way. In my opinion, I would wait a full 30 days before sending them anything else. If you follow up to their letter before that time frame I believe they get to reset the clock with additional time. Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 I'm screwed then. What's the best that I can do at this point?Wait out your 30-days from the date of their receipt of your letter. If you receive nothing, you can make the decision to aggressively move forward with the DV process (which works well for some) or go down a different path.Because this CA is reporting to your CR's, they are a furnisher of information and therefore fall under the requirements of Section 623 of the FCRA. If you read this you'll see more of what I'm talking about. Link to comment Share on other sites More sharing options...
flak88mm Posted January 17, 2008 Author Report Share Posted January 17, 2008 In your initial letter, you requested validation. The letter they sent to you as a reply doesn't provide any documentation, but also doesn't say it's not on it's way. In my opinion, I would wait a full 30 days before sending them anything else. If you follow up to their letter before that time frame I believe they get to reset the clock with additional time.I guess since my DV letter is considered untimely, is there any point in me doing all this? Only reason I DV'd is to take the chance to remove this from my CRs (if they don't follow the FDCRA guidelines) but since i'm untimely, my chances are much less in getting them removed...and I have to pay... Link to comment Share on other sites More sharing options...
flak88mm Posted January 17, 2008 Author Report Share Posted January 17, 2008 Wait out your 30-days from the date of their receipt of your letter. If you receive nothing, you can make the decision to aggressively move forward with the DV process (which works well for some) or go down a different path.Because this CA is reporting to your CR's, they are a furnisher of information and therefore fall under the requirements of Section 623 of the FCRA. If you read this you'll see more of what I'm talking about.the link you provided doesn't work Link to comment Share on other sites More sharing options...
lovebug5 Posted January 17, 2008 Report Share Posted January 17, 2008 Hmm. Seemed as though I had an extra http:// in there. Here it is. Link to comment Share on other sites More sharing options...
flak88mm Posted January 18, 2008 Author Report Share Posted January 18, 2008 I also got a letter from Asset Acceptance in response to my DV request. This is what they wrote: Thank you for your request for further validation of your above mentioned account.Enclosed please find an account statement prepared with information provided to us by the prior creditor.Please contact me so that we can work toward resolving this matter....Then it shows Pacific Bell/SBC, the Account number, and the amount I owe. But when i sent them the DV letter, i told them also to do this:>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>In addition to the questionnaire below, please attach copies of:Agreement with your client that grants you the authority to collect on this alleged debtAgreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.Any insurance claims been made by any creditor regarding this accountAny judgments been obtained by any creditor regarding this account>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>and they didnt do this. can i consider my debt validated or am I entitled to these other requests that I didn't receive to debt validate? Link to comment Share on other sites More sharing options...
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