FDCPA 809 ? Regarding timeliness of DV

This is a discussion on FDCPA 809 ? Regarding timeliness of DV within the Debt Collection forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; If a person only notices a Collection Agency when they pull a credit report, and then send a DV letter ...

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Old Feb 11th, 2009, 07:35 PM   #1
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Question FDCPA 809 ? Regarding timeliness of DV

If a person only notices a Collection Agency when they pull a credit report, and then send a DV letter to them, is it considered timely? In my case, The CA never sent a dunning letter, either before I dv'd them, or after. I feel this might mitigate any timeliness issues and allow me to prove further FDCPA violations. Thanks for your thoughts.
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Old Feb 12th, 2009, 10:40 AM   #2
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Default Re: FDCPA 809 ? Regarding timeliness of DV

What time issues?

They don't have to send a DV letter ever if they don't want to.

But what is happening?
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Old Jan 8th, 2010, 08:25 AM   #3
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Default Re: FDCPA 809 ? Regarding timeliness of DV

Yes it would be timely as you never received any prior notice.
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Old Jan 8th, 2010, 04:20 PM   #4
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Default Re: FDCPA 809 ? Regarding timeliness of DV

Many things. First, they have to send you notice that if you do not dispute the validity of the debt, they will assume it's valid, and only then can they place the item on your credit report. If they placed it on your credit report without this notice, they are in violation of the Fair Debt Collection Practices Act.

If you sent them a Debt Validation request and they haven't responded within the 30 day time-frame, they are required by law to remove the item from your credit report. They cannot actively pursue the debt, and placing or continuing to report the item on your credit report are both violations of the Fair Debt Collection Practices Act.

Consult an attorney who specializes in Consumer Protection. Most collection agencies blatantly ignore letters from consumers even when the consumer outlines, in detail, each title and chapter of the FDCPA they are citing. An attorney can go much father at getting the issue resolved than consumers, and many work on a contigency basis.
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