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Introduction and some preliminary questions


dobraf
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Hello everyone,

I've been reading this board off and on for some time, and finally have the time to start resolving my credit issues. Before I go on, let me say thanks for the valuable service you all provide.

So here are my questions:

1. Does a right to DV expire? The CA claims to have sent the 5-day notice, but I never received it. I sent a DV anyway, and they replied with a letter saying that they were "obtaining the information" and would forward it to me when they got it. After two months of no correspondence, they called me on Tuesday trying to collect. When I reminded them of my DV request, they said they were not obligated to validate since my request wasn't within 30 days of the notice.

2. I know that the instructions on this site say that you should always dispute with the CRAs first, but what do I do if the CA is not listed on my CR? My CR lists the accounts as COs, but none of my accounts are listed in the Collections section. Should I dispute the debt with the OC?

3. My original DV letter asked the CA to stop calling me and to correspond by mail only. I can't find anywhere in the FDCPA that says they have to comply. Is there any federal law saying they have to stop calling me?

Thanks in advance for your replies.

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You never loose your right to DV however if it is not a timely DV under FDCPA they do NOT have to cease collection efforts. However you are in Texas read the link below if they have not provided you with a VOD then they are in violation of the TFC, Texas Finnancial Code, and there is no such thing as an untimely DV in Texas. The second link is to see if they are bonded in Texas. When searching enter the principle name as ie: scumbag collections enter it as scum%. SOL in Texas is 4 years accross the board so you could just send a C&D if out of SOL.

You are correct FDCPA does not have a provision for contact by mail only, the C&D is a all or nothing provision.

http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000392.00.htm

http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

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Hello everyone,

I've been reading this board off and on for some time, and finally have the time to start resolving my credit issues. Before I go on, let me say thanks for the valuable service you all provide.

So here are my questions:

1. Does a right to DV expire? The CA claims to have sent the 5-day notice, but I never received it. I sent a DV anyway, and they replied with a letter saying that they were "obtaining the information" and would forward it to me when they got it. After two months of no correspondence, they called me on Tuesday trying to collect. When I reminded them of my DV request, they said they were not obligated to validate since my request wasn't within 30 days of the notice. They can't prove it they have nothing which is why they responded that way, The wording of your DV makes a big difference. The next time they call, tell them to send you something in the mail, that will constitute a dunning letter and you can begin the process correctly

2. I know that the instructions on this site say that you should always dispute with the CRAs first, but what do I do if the CA is not listed on my CR? My CR lists the accounts as COs, but none of my accounts are listed in the Collections section. Should I dispute the debt with the OC? 9 times out of 10 it will be verified unless it is so old that it has been purged from the OC's system, this will not stop the CA

3. My original DV letter asked the CA to stop calling me and to correspond by mail only. I can't find anywhere in the FDCPA that says they have to comply. Is there any federal law saying they have to stop calling me?

How many times a day do they call? It does say to make a phone ring as an annoyance or nuisance is illegal. Send them another DV referencing your phone conversation and make sure it says again to correspsonde with you in writting only.

Thanks in advance for your replies.

After this has been done and you don't get anywhere come back and we will help you with the next steps

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