How Long Do CAs Have to Validate?

[lilacbouquet]

I am sending my first validation letter tomorrow. It is to a company that just showed up on my report -- I have never gotten a phone call or letter from them, so I want to send the letter within the 30-day period.

However, someone in this forum said that CAs do not really have to validate within 30 days. What does this mean? Is there any point to sending a letter if the agencies do not have to validate?

[BV80]

First, there's debate as to whether an entry on your CR is considered an initial (first) communication. Usually, the 30 day period begins when they have contacted you.

If you send a timely DV, a CA cannot attempt to collect again until they validate the debt. There's no time period in which they must respond. They can wait weeks or months to send that validation. They just can't try to collect in the meantime.

If they choose to end their collection attempts. they don't have to validate at all.

[lilacbouquet]

Thanks. I guess I don't see the benefit of even sending a DV letter then -- if they can just validate a year from now, what is the benefit?

[usagi555]

Thanks. I guess I don't see the benefit of even sending a DV letter then -- if they can just validate a year from now, what is the benefit?

To preserve your rights under the FDCPA. If they continue to collect without validating, you can nail them. Sometimes it scares them off, sometimes it doesn't. Other than that, it's mostly useless.

[lilacbouquet]

Thanks.

[energizer]

It has to be the same CA that attempts to collect on behalf of OC. Another CA./JDB begins a first communication for collection for the OC isnt it?

Once you have sent a validation request, i actually thought there was a 30 day time limit for them to respond or remove the listing from CRA's.

Now i can see where i went wrong with asking Validations. It merely stops collection actitivies not exactly allows to delete a tradeline if shown by CA.

anything that can be done to have the CA with the Tradeline be removed from your CR.

To preserve your rights under the FDCPA. If they continue to collect without validating, you can nail them. Sometimes it scares them off, sometimes it doesn't. Other than that, it's mostly useless.

[energizer]

so then the question becomes

What constitutes collection activities if nothing from them is in writing?

This Rausch Israel Collection Firm every year sends me a settlement letter during tax time asking to settle for payments. I always send them a dv letter and they basically stop, however, come next tax season, i have a letter from them requesting the same settlement offers they provide? is that considered continued collection activity by Rausch Israel for the account. Would that be a violation. They never sent in a validation back to me ever!!!!!! in the last three years.

This year, in 2012 within a period of 1 month they have sent me three different letters for that same OC. I do have a copy and CMRRR from previous years of what i asked in my debt validation from them.

Now Rausch isreal doesn't show up as a tradeline on my credit reports anywhere.

[BV80]

so then the question becomes

What constitutes collection activities if nothing from them is in writing?

This Rausch Israel Collection Firm every year sends me a settlement letter during tax time asking to settle for payments. I always send them a dv letter and they basically stop, however, come next tax season, i have a letter from them requesting the same settlement offers they provide? is that considered continued collection activity by Rausch Israel for the account. Would that be a violation. They never sent in a validation back to me ever!!!!!! in the last three years.

This year, in 2012 within a period of 1 month they have sent me three different letters for that same OC. I do have a copy and CMRRR from previous years of what i asked in my debt validation from them.

Now Rausch isreal doesn't show up as a tradeline on my credit reports anywhere.

The only time a CA is required to respond to a DV is if your DV is sent within 30 days after their very first letter to you and if they want to continue collection attempts.

If you send a DV any other time, they're not required to respond and can continue collecting.

[energizer]

i simply go by the date on their letter & count 30 days from there. is there any other way to begin the 30 day count. if CA thru OC send u statements 85 days later, assuming we sent them within the 30 day period what do we make of it. they validated right? now, if u want TL removed from CRA what can u do?

What if CA take a year & decide to send another collection letter to you. its coming from same CA with same Account

[Guest usctrojanalum]

the whole validation process is skewed highly in favor of the creditor. in your scenario the CA will just say that you did not send a DV letter within the 30 day window of the first communication.

They can just say their first communication was 4 years ago, and they do not have to prove it. Just have to show there is a system in place for mailing out letters.

[TomnTex]

Texas style DV letter:

IF the underlying debt is 4 years old OR older, they cannot collect via a lawsuit.

They can try to collect on this forever - but cannot use the Courts of Texas to do it.

If it were me, not only would I poke the bear - I would pour gas on it and light a fire cracker.

Midland is well known for failing to validate in Texas and violating consumer rights.

Write out a TEXAS style DV.

Mine goes something like this:

your address

acct number xxxxx

To whom it may concern,

I received a (letter, reviewed my credit reports etc) on xx day for an alleged debt you say I owe.

I am a resident of Texas

I demand validation under the Texas Finance Code 392.

All calls to my home or work are inconvenient.

Any prior express consent to call my cell phone is now REVOKED.

You have 30 days to validate OR remove the derogatory trade lines per my demand.

Any alleged debts possibly owed would be considered time-barred.

Govern yourselves accordingly.

PRINTED NAME HERE.

You can leave out the SOL defense and let them prove to you that it is time barred. Also place a call to the TXSOS to see if they are current on their franchise taxes, and IF they're bond is current, and the name they are collecting under is also registered as an "alias"

Sent the letter CMRRR

Details:

Texas Debt Collection Laws

Here is an easy violation to catch the CA’s on in Texas:

1. Quote:

392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files

(a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.

So this law puts the CA on the hook at anytime you send them a letter disputing the info they have on file. Unlike the Federal FDCPA, which only puts them on the hook once they send the “initial communication” letter. And even then, doesn’t require them to actually respond to the dispute.

And then the next section has the actual time limit imposed.

Quote:

392.202. Correction of Third-Party Debt Collector's or Credit Bureau's Files

( Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau shall send a written statement to the individual:

(1) denying the inaccuracy;

(2) admitting the inaccuracy; or

(3) stating that the third-party debt collector or credit bureau has not had sufficient time to complete an investigation of the inaccuracy.

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Edited October 2, 2012 by TomnTex