No Dunning letter

[jimcurry123]

Recently found a collection account for AFNI on my equifax, and transunion credit reports. I disputed the entry, only to have it "verified" and then reported on my Experian report. I had never received a dunning letter, or even knew of this account until I pulled my credit history. The account is from 05/01/07 and way pass the 30 day rule I keep hearing about had I received any notification of this account. After getting no where with the CRA dispute, I did some research, and sent off a DV letter last week cmrrr. Is it to late for this letter, Is it still possible to demand this validation? Is there a time frame they must respond, before I dispute again with the CRA's?

[Lian]

FDCPA 809(a) was passed to control the very thing you are seeing....

a submarine collection appearing on your CR, and remaining there, with detrimental harm to your credit score, until you "discover" it.

That is why the dunning requirement exists. So your debt collector is already in violation of the FDCPA, with interim harm being felt by you.

FDCPA 809(a) is very specific. Once a debt collector has any initial contact with you, and posting to your CR is an initial contact, they have only five days from that initial contact to advise you, by way of a written collection (dunning) notice under FDCPA 809(a), of their collection activities, and your rights to request debt validation within 30-days of their dunning notice. Submarine CAs are a no-no.

You don't have to wait for a dunning notice to DV them. You can DV at any time you become aware of their collection authority, even if they have made no contact with you or reported to your CR. Until they send a dunning notice, you have absolutely no period running against you to request debt validation. The 30-day period for your timely DV only comes into force from the date of their dunning notice.

Unless you live in Texas, which has a more restrictive version of the federal FDCPA, no debt collector has any time period for responding to a DV letter. You don't "demand" validation within any set period (excluding Texans). The restriction against them, until they choose to validate, is their cessation of further collection activities.

Issues of debt validation under the FDCPA are not credit reporting issues, and are not, per se, issues for dispute under the FCRA, either through the CRAs, or by way of direct dispute.

You can dispute the credit reporting of the debt collector under the FCRA, but basis is not lack of debt validation under the FDCPA. It must go to the accuracy of the reporting itself, such as no OC account, and thus no debt.

Entirely separate processes.