antiquedave Posted March 21, 2011 Report Share Posted March 21, 2011 So you get a dunning letter and respond with a DV a short time later you get a letter back (or not) that they are ceasing collection and closing your case within their system.Its a Win right? You forget about itCould this be a FDCPA violation? Especially if it is sent on to another collection agency.Not validating the debt being an attempt to deceive and confuse the consumer. Not validating would lead you to believe that they did not have standing or entitlement to collect and could be safely ignored. Would not validating violate mail fraud laws as prosay suggests? Would it be harrassment, intent to defraud? or something else? Has anyone ever made such a claim to a collection agency before?I ask only because I'm probably going to bring it to the attention of a CA as one of their violations Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 21, 2011 Report Share Posted March 21, 2011 Not a violation if they cease all collection activity and close out the account. Link to comment Share on other sites More sharing options...
antiquedave Posted March 21, 2011 Author Report Share Posted March 21, 2011 Not a violation if they cease all collection activity and close out the account.Closing the account still gives them the option of reselling it? or reopening it later? just asking your opinion Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 21, 2011 Report Share Posted March 21, 2011 The can reopen the account simply by sending you the response to the DV at a later time. The 30 day period is simply your right to dispute the debt. They can send DV at any time.They can also sell the account because at that point, another collector owns the account so it is like dealing with a new person. However, I would think that the old collector would have to remove every reference that they owned the debt from your credit report since they cannot prove that you owe the debt. However, that is another can of worms.So from what I see, there is no violation here. Link to comment Share on other sites More sharing options...
Achilles Posted March 23, 2011 Report Share Posted March 23, 2011 Closing the account still gives them the option of reselling it? or reopening it later? just asking your opinionBingo. Closing of an account is optional, and temporary. Every state has different rules which dictate how long they can wait before re-opening them. They can almost always reopen them if you want to pay it off. Pretty much, there is no way to close it but to pay it. Either way, you pay, or your credit gets destroyed. Link to comment Share on other sites More sharing options...
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