Clarification on Validation "30-day" period

[Trillium]

Recently I pulled a copy of my credit report and have started working on cleaning up old derogatory items.

I sent a DV letter to the creditor below on 2/20/09. After getting no response from them after 30 days I sent a follow up DV on 3/28/09 which the creditor received on 3/30/09. I sent both letters with return receipt.

As of today, I have received no validation from the creditor BUT the creditor placed a SECOND line on my report with a slightly different name and address (see below).

This leaves me asking two questions:

1. Under the FDCPA section 809 ( (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,)

I did not send the DV letter with in this 30 day period. I have no clue when this creditor sent me the first notice. I sent my request for DV once I found the mark on my credit report. Since I sent my request for validation much later than the original 30 period, does the creditor still have to stop with all collection activity until they satisfy the request for validation?

2. Since they only slightly changed their name and address is this still legal? I now have two lines on my credit report with the same account number and amount owed.

Original report to my Credit:

Creditor name: HMC Group 29065 Clemens Rd STE 200

Date reported: 8/01/07

Amount 1,685

New line now on my credit:

Creditor: Head Mercantile Co. Inc. 29065 Clemens Rd

Date reported: 3/31/09

Amount 1,685

I would really appreciate anyone's insight... I felt I was doing good by working on my credit and now I have two marks when there was only one before!

[TPTealTulip]

I am having a similar issue. I would really like to know if sending a DV letter (in some cases) years later from when the original letter from the debt collecter may have been sent, does the rules of the FDCPA still apply regarding the 30-day time period the consumer has to reply asking for validation of the debt?

[jetscarbie]

Well, they are violating by "updating" your report. They are NOT suppose to do anything to your report until they send you some sort of validation.

To me...it looks like they intentionally changed a few small things just to make your report update. Every time a trade line is updated....it drops your score.

I felt I was doing good by working on my credit and now I have two marks when there was only one before!

Are both of those tradelines on your CR now....or is it just the updated one?

[jetscarbie]

I am having a similar issue. I would really like to know if sending a DV letter (in some cases) years later from when the original letter from the debt collecter may have been sent, does the rules of the FDCPA still apply regarding the 30-day time period the consumer has to reply asking for validation of the debt?

I still send a DV even if it's outside the 30 days. They don't have to honor it....but it leaves a nice paper trail that you did try to get some type of validation.

[Wiser Now]

I still send a DV even if it's outside the 30 days. They don't have to honor it....but it leaves a nice paper trail that you did try to get some type of validation.

So what? If you did not send the dispute within 30 days of their initial contact with you (admittedly years ago), then they are never required to do anything. All the papertrail in the world is useless.

[mycorrado]

For one, you can dispute the TL with the CRA as duplicates.. there should be one.

Are they really yours? You can try disputing both with the CRA as not mine?

We need more info.. when did this debt become over 90 days late? 2002, 2004?

If it is past SOL on the state you live in, there are options - I will let others chime in and I believe you can use the fact that even though your letter was submitted past the 30 days, they are supposed to mark the TL disputed..

Once you have an actionable violation, you can use that leverage to tell them to deleted it or get sued.

[jetscarbie]

So what? If you did not send the dispute within 30 days of their initial contact with you (admittedly years ago), then they are never required to do anything. All the papertrail in the world is useless.

Maybe so.....but just maybe if they decide to sue later on, you can show the judge where you have contacted them about this debt and they never replied. Sometimes people never get bills in. The first contact they have about a bill is when they pull their CR.

It happened to me with an old providian debt. Way outside the 30-days but they (CA) kept contacting me and not sending any papers on this bill. When we went to court, my attorney was able to show where I have contacted them and they didn't respond. I sent them 3 DV's within a year peiord....never anything from them except the constant updating of my credit reports (and also the 3 different tradelines reporting). Then the suit. My papertrail established that I TRIED to do something about this debt and they never responded.

Now I am not saying that's what won the case for me....but they did look bad ( and that's what my attorney said). Of course it would have been better to do within the 30 days but sending them something is better than nothing. IMO