Question RE: DV process and violations

[mommywads]

If I have sent DV letters and are waiting for a response, and in the mean time the CA verifies to the CRA without sending me DV,
is this a violation?

the CA verified to the CRA AFTER I received my green card back. and I have yet to hear from them.

[luna]

Yes on the violation. This isn't AFNI by chance is it?? I'm dealing with the same kind of problems....

[mommywads]

No.. Not AFNI

This is FNCL Corp of America in Texas. Its a medical collection.

[GreatGadsby]

it is only a violation for them to report to the CRA's before validating to you, if you sent the DV letter within 30 days of the initial communication. otherwise the CA is not required to cease collection activities.

[EarthAngel]

If I have sent DV letters and are waiting for a response, and in the mean time the CA verifies to the CRA without sending me DV, is this a violation?

the CA verified to the CRA AFTER I received my green card back. and I have yet to hear from them.

I've had the same problem...except that the CA I'm dealing w/ has NEVER communicated w/ me (via telephone or mail). I only DV them b/c they are reporting to the CRAs on an account that doesn't belong to me. So, when does the 30-days start for me if they've never made contact w/ me...yet, they're verifying w/ the CRAs?

it is only a violation for them to report to the CRA's before validating to you, if you sent the DV letter within 30 days of the initial communication. otherwise the CA is not required to cease collection activities.

Also, are you saying that if it's past the 30 days, the CA is allowed to verify the account w/ the CRAs W/O validating w/ the consumer? I've been somewhat confused about this.

[GreatGadsby]

I've had the same problem...except that the CA I'm dealing w/ has NEVER communicated w/ me (via telephone or mail). I only DV them b/c they are reporting to the CRAs on an account that doesn't belong to me. So, when does the 30-days start for me if they've never made contact w/ me...yet, they're verifying w/ the CRAs?

They will claim to have sent you letters. and they don't have to prove that you got them, only that they had reasonale measures in place to ensure they were sent. you can say that you never got them, and ask them where they were sent and stuff, but don't use that as your only violation, IMO.


Also, are you saying that if it's past the 30 days, the CA is allowed to verify the account w/ the CRAs W/O validating w/ the consumer? I've been somewhat confused about this.

exactly....yes... they only have to cease collection activity when you dispute if the dispute is within the first 30 days after the CA's initial communication with you.

[EarthAngel]

So, my only recourse would be is to file a lawsuit against them b/c this account is NOT mine?? I mailed them an ITS letter last week & they signed for it this morning.

[WryMuse]

exactly....yes... they only have to cease collection activity when you dispute if the dispute is within the first 30 days after the CA's initial communication with you.

Um, well, I don't think this is right. I /am/ a partial newbie here but I've been spending weeks readings over the boards now. I've read 3/4ths of the DV Q&A section, but I suppose the last 1/4th could get me in this. As I understand it, one can dispute with a CA /anytime/. It doesn't matter when and they have to seize collection activity from the day they receive your letter until the 30 days later.

Oh, and here is a bit of backup from what I'm saying. However, please feel free to set me right if there has been some recent occurance I'm not aware of. :) LadynRed posted this on September 11, 2003 in http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=7360&postdays=0&postorder=asc&start=15:

The fact is, the greater majority of CA's do NOT validate and, as we all acknowlege, the FDCPA does not REQUIRE them to SEND us a damn thing, but they DO have to mark the TL as disputed and they DO have to cease all collection attempts - period.

[GreatGadsby]

FDCPA:

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) 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, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.