78 replies to this topic

[jack1212]

This thread is to clear up all confusion on the “30 Day Timeframe” that is often Misunderstood here. If it did not answer your question, ask away.

First read the FDCPA closely.

FDCPA:
When you get the FIRST dunning letter from a CA, YOU as a consumer, have 30 days to dispute it with the CA.

Does the CA have 30 Days to respond to my DV request?

There is NO DEADLINE for them to respond under the FDCPA. They are under NO 30 day deadline.
However, If your DV is timely, they MUST cease all collection activity until they send you DV. They can legally wait 7 days or 7 months.

What does timely mean?
It means that you request DV from the CA within 30 days of you getting the First dunning letter.

What if the date of the letter only gives me less than 30 days?
The Consumers 30 day clock starts when you receive the letter. The date on it is irrelevant. (Keep the envelope, as the postmark date may back you up)

What if I Got slack and missed the 30 days?
All is not lost. You can DV ANYTIME. However, outside the 30 days, they do not have to respond, nor cease collections. (I have DV’d several past the 30 days and found that 98% still send something).

Are the 30 Days “Calendar Days or Business Days?”
Calendar days. Including weekends and Holidays.

Why do some Sample Letters say that the CA Must respond in 30 days?
I have no idea. There is nothing in the FDCPA to support that. I wish that letter would be deleted from all internets.

My Best Method:
Send a DV within 1-2 days of getting the First dunning letter, CMRR. Once they get it, they Can’t legally report if they haven’t already. I have beaten many CA’S to the reports so to speak.

But CRA’s have 30 days to complete an Investigation, Right?
Correct. Unless you send them new information, it will extend their time to 45 days. Also if you dispute based on the yearly free reports, they may extend it to 45 days. So never send in anything extra until the dispute is complete, or you will have to wait another 15 days.

What about a FCRA 623 Dispute with a Data Furnisher?
Yes, under that, a DF must respond within 30 days. However you must be SPECIFIC as to what you are disputing. (Lates, Dates, amount, etc)

Whats a Data Furnisher?
ANYONE who reports a TL to a CRA.

OC’s, CA’s and if you work for the cast of Jersey Shore, and they report you to the CRA’s each month, they are DF’s.

Hope that clears up some confusion. If not, ask away.

[jack1212]

Ttt

[Kay129]

Thank you, this is very helpful to a newbie like me!

[jack1212]

I wanted to add.....

Texas law DOES seem to put them on a 30 Day deadline per the state laws.

Someone please clarify, as Im not from TX. Does this apply to CA's only?

Can anyone provide more details per TX?

Thanks.

[Jen23514]

Yes, in TX when you use the TFC, response is required within 30 days.

Great post friend!

[jack1212]

Thanks Jen!

Just wanted to make sure that TX peeps realize this. I havent kept up with the TX threads.

[Jen23514]

I haven't even tried - sometimes it's not knowing the information but knowing where to direct people

[Doward]

This should be stickied!

Question - if the CAs do not have to respond or stop collections, what point is there in sending a DV after the 30 days? Also, is there any case law on providing proof that the CA sent the letter to the correct address?

Edited by Doward, 05 May 2011 - 11:40 AM.

[Jen23514]

Added to my "101" thread

[shootforthestars]

yes, this should be sticked. Thanks for the post!

[jack1212]

ttt

[DadofThree]

Thanks for the thread Jack1212. This clears up some confusion I have had. But as I asked in my thread. I'm from NY the 2 Ca's I'm dealing with reside in Texas. So do they have to adhere to Texas law or is it were I reside, the NY laws?

[ICANHASMUNY?]

AZ law the same - you can request valaidation anytime, and they have to stop collection until they validate the debt.

http://www.ftc.gov/o...soryopinion.htm

remember - FDCPA is federal law, but if your state statutes give you more rights and protection, then those laws are valid.


State law is only pre-empted by the FDCPA to the extent that it actually conflicts with federal law.

The preemption provision of the FDCPA, Section 816, 15 U.S.C. § 1692n, provides:

This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title.

[ICANHASMUNY?]

^^^ requesting Admins link this to very important pinned topics.

[dengoz]

yes, this should be sticked. Thanks for the post!

+1

[Chris in OK]

Topic has been pinned, thanks for the valuable info Jack.

[HXF]

What qualifies as a DV letter? If you simply say you dispute the account, does that qualify? Or if you say you've been disputing it for months with the OC and getting no response to your dispute, does that qualify?

And what if they know that you already know everything they would tell you in their validation letter? Does that give them an excuse not to send it to you?

[jack1212]

What qualifies as a DV letter? If you simply say you dispute the account, does that qualify? Or if you say you've been disputing it for months with the OC and getting no response to your dispute, does that qualify?

Have you checked the sample letters forum?

And what if they know that you already know everything they would tell you in their validation letter? Does that give them an excuse not to send it to you?

No, it doesnt give them an excuse not to send it to you. The reason you ask for DV is to make sure everything is in order. Is the amount correct? Who owns it? Is it even yours? Etc,

[possiblecredit]

I LOVE this post. Very helpful

[ovsims]

So basically can you tie them down to the 30 days in every DV letter by being specific. for instance if you say something like I am disputing your claim that I owe you _____ dollar amount they say you owe them.

[ICANHASMUNY?]

(A bit off topic)

However,

I have also seen a number of threads where folks are complaining that the OC didin't respond to the Debt Valdiation letter.

The FDCPA does not apply to OC's ( original creditor ) so you should not send a OC a FDCPA Debt Validation letter.

The FCRA, FACTA and FCBA and the new Card Act apply to OC's, along with TILA. ( truth in lending act )

(along with various other regulaltions.)

if you have a billing dispute with the OC, you need to follow state or federal laws specific to that OC.

and you need to Dispute in Writing. and follow the advice on the following websites.

National banks - http://www.occ.treas.gov/topics/consumer-protection/index-consumer-protection.html

and http://www.helpwithm....gov/index.html

For Credit Unions, contact the National Credit Union Administration (NCUA)

For State Banks, contact the State Banking Department the Federal Deposit Insurance Corporation (FDIC), or Federal Reserve

For Thrifts and Trust Companies, contact the Office of Thrift Supervision (OTS)

That said, if you have a valid ongoing written dispute with the OC, and it's been turned over to a CA for collection - send the DV letter to the CA.

then file a complaint with the appropriate agency on the links above against the OC.








-

[possiblecredit]

But CRA’s have 30 days to complete an Investigation, Right?
Correct. Unless you send them new information, it will extend their time to 45 days. Also if you dispute based on the yearly free reports, they may extend it to 45 days. So never send in anything extra until the dispute is complete, or you will have to wait another 15 days.

When you say "new information" do you mean pertaining to the dispute in question? Or a different dispute period? Like for example, if I send in a current balance dispute regarding a atuo tradeline, if I send the cra a dispute regarding my chase credit card tradeline will that take it to 45 for them to dispute my auto tradline?

[ashlia]

To add a little...In Texas, the TFC also gives the consumer the right to request validation at ANY time, not just within thirty days of receiving a dunning letter. Again, only in Texas. Great post Jack.

Yes, in TX when you use the TFC, response is required within 30 days.

Great post friend!

[jack1212]

This thread is to clear up all confusion on the "30 Day Timeframe" that is often Misunderstood here. If it did not answer your question, ask away.

First read the FDCPA closely.

FDCPA:
When you get the FIRST dunning letter from a CA, YOU as a consumer, have 30 days to dispute it with the CA.

Does the CA have 30 Days to respond to my DV request?

There is NO DEADLINE for them to respond under the FDCPA. They are under NO 30 day deadline.
However, If your DV is timely, they MUST cease all collection activity until they send you DV. They can legally wait 7 days or 7 months.

What does timely mean?
It means that you request DV from the CA within 30 days of you getting the First dunning letter.

What if the date of the letter only gives me less than 30 days?
The Consumers 30 day clock starts when you receive the letter. The date on it is irrelevant. (Keep the envelope, as the postmark date may back you up)

What if I Got slack and missed the 30 days?
All is not lost. You can DV ANYTIME. However, outside the 30 days, they do not have to respond, nor cease collections. (I have DV'd several past the 30 days and found that 98% still send something).

Are the 30 Days "Calendar Days or Business Days?"
Calendar days. Including weekends and Holidays.

Why do some Sample Letters say that the CA Must respond in 30 days?
I have no idea. There is nothing in the FDCPA to support that. I wish that letter would be deleted from all internets.

My Best Method:
Send a DV within 1-2 days of getting the First dunning letter, CMRR. Once they get it, they Can't legally report if they haven't already. I have beaten many CA'S to the reports so to speak.

But CRA's have 30 days to complete an Investigation, Right?
Correct. Unless you send them new information, it will extend their time to 45 days. Also if you dispute based on the yearly free reports, they may extend it to 45 days. So never send in anything extra until the dispute is complete, or you will have to wait another 15 days.

What about a FCRA 623 Dispute with a Data Furnisher?
Yes, under that, a DF must respond within 30 days. However you must be SPECIFIC as to what you are disputing. (Lates, Dates, amount, etc)

Whats a Data Furnisher?
ANYONE who reports a TL to a CRA.

OC's, CA's and if you work for the cast of Jersey Shore, and they report you to the CRA's each month, they are DF's.

Hope that clears up some confusion. If not, ask away.

Not to start a fire ut i have to disagree with some off the items u listed..


7. Proof of debts – Debt collectors are required by federal law to send “verification and validation” of a debt when the alleged debtor in writing disputes the debt within 30 days of a debt collector’s first contact. The debt collector must send supporting documentation proving a debt is owed and until they send proof of debt they may not communicate or attempt to collect the alleged debt. It is important the alleged debtor request validation and verification within 30 days of a debt collector’s first contact and that the dispute letter be certified return receipt requested, to establish a paper trail.


That statement came from Morgan and Morgan website, and they are a BIG FIRM here in FL http://www.forthepeo..._harassment.htm

No, it's a Good Debate. Just show me WHERE in the FDCPA is states that. Once again, you have attorneys trying to make a name for themselves and don't know a damn thing.

[jack1212]

6. Written Notice – Debt collectors must send a written notice stating the amount of the debt, the creditor to whom the debt is owed, and a statement that the debtor has 30 days to in writing dispute the debt. Upon receiving written notice that a consumer disputes a debt, the collector within 30days must obtain written verification and validation of the amount of the debt, the creditor to whom the debt is owed and must mail said verification to the consumer.

7. Proof of debts – Debt collectors are required by federal law to send “verification and validation” of a debt when the alleged debtor in writing disputes the debt within 30 days of a debt collector’s first contact. The debt collector must send supporting documentation proving a debt is owed and until they send proof of debt they may not communicate or attempt to collect the alleged debt. It is important the alleged debtor request validation and verification within 30 days of a debt collector’s first contact and that the dispute letter be certified return receipt requested, to establish a paper trail.


What Federal Law? I don't care how Big the Law firm is, they haven't read the FDCPA, nor heard from Jack yet. I swear imma call them Monday. This pisses me off.

Edited by jack1212, 11 June 2011 - 09:28 AM.