Devildawgjj

Can you......

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Sure can.

When you're sending in the 809 DV requests, you're dealing with FDCPA and them in their capacity as a collector.

When you're sending in the 623, you're dealing with them in their capacity as a data furnisher. And, if they're responding to it, they're not responding as collectors, but as furnishers.

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Does the CA have 30 days to respond to either request under the FDCPA or can they ignore my requests all together?

On the 809 they sent me a letter stating balance due, OC and contact info.

(some validation):roll:

Just to play it safe I will wait until the 30 days is up before I send out the 623letter.

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On the 809 they sent me a letter stating balance due, OC and contact info.

(some validation):roll:

Sounds pretty good, actually. What more do you think you're entitled to?

I'll let someone else correct the 30-day reference.

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Sounds pretty good, actually. What more do you think you're entitled to?

I was hoping that since I haven't the slightest clue what this account is (hence the DV) that I would rather not pay because a piece of paper say's I do.

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Sounds like they met the bare minimum under the DV rules.

There's gray area as to whether or not it's sufficient for legal purposes, but you'll not find that out unless this goes to court.

At which point some well crafted discovery will show you the method by which they verified with the original creditor. If they didn't, then you may have a claim against them for failure to properly verify, but again, you'll never know for sure unless you can prod it out of them during discovery.

As far as the 30 day window, unless you live in a state where the state debt collection statutes entitle you to a response within 30 days, they don't have to validate at all if they don't want to, they just can't continue to collect if they don't.

Under the FCRA, which is the 623 request, you have to follow some steps for the investigation to be valid. You have to first dispute with the CRAs, then, if the information comes back falsely verified, you send the 623. The DF then has the 30-45 days that is allotted to the CRAs under 611 (see 623(B)(2)).

They don't have to respond to the 623 at all under the FDCPA.

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Ok, that makes sense!

How would one differentiate between a DF or collector when they can be both entities? And what does that do for you?

809 = Collector

623 = DF

Collector/DF = CA

If this CA holds the account for the OC, gives borderline validation and still reports to the CRA, then why the seperate rules to validate?

It seems to me that either way they (CA) can say FU pay us; we don't need to show you Sh**!

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I thought that if you DV a OC (after initial CRA dispute) they HAVE to prove you owe them money? If they can't then you can get that TL removed. So has all this changed?:?:

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I thought that if you DV a OC (after initial CRA dispute) they HAVE to prove you owe them money? If they can't then you can get that TL removed. So has all this changed?:?:

Go back to spaces and roll again.

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I thought that if you DV a OC (after initial CRA dispute) they HAVE to prove you owe them money? If they can't then you can get that TL removed. So has all this changed?:?:

I was under the impression you don't DV an OC, but send a 623 letter, and even then only when all CRA verified the OC account.

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Yep, no DV to OC unless state statutes permit it.

One can try, but they don't have to respond unless they just want to.

Also, we don't have to confine the 623 to just the OC, it can be used for any furnisher of information.

And one point of clarification on the DV, it in no way makes a collector "prove" you owe the debt, it merely means they have to provide your with the minimum to show the debt to be valid, the legal definition of which is still really shaky and highly debated.

The proving part comes in the court room.

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Go back to spaces and roll again.

I am not sure I quite understand what you mean Nascar? Are we playing a Game?

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I was under the impression you don't DV an OC, but send a 623 letter, and even then only when all CRA verified the OC account.

I don't know...I read those articles and they are confussing somewhat....:)

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