Acct's Out of SOL... Need PFD Help!

[Lian]

It would appear that, based on the age of the collections, it has probably been more than 30-days since they sent you dunning notice.

If your DV letter is not sent within 30-days of their dunning notice, you have lost your ability to enforce the "cease communications" provision of FDCPA 809(b). So your first punch would most likely be no more than a poke.

[Hal Jordan]

Originally Posted by Lian

It would appear that, based on the age of the collections, it has probably been more than 30-days since they sent you dunning notice.

If your DV letter is not sent within 30-days of their dunning notice, you have lost your ability to enforce the "cease communications" provision of FDCPA 809(b). So your first punch would most likely be no more than a poke.

Lol @ the poke..


I know it's a complete bluff at this point but it's worth a shot to give it a go and see what happens. Does it have teeth. No, but could you maybe get someone who may bite and get rid of it.. yeah. I know this is works sometimes because it's worked for me in the past. It's at the very least worth giving it a try.

[Flypilot]

Originally Posted by Lian

It would appear that, based on the age of the collections, it has probably been more than 30-days since they sent you dunning notice.

If your DV letter is not sent within 30-days of their dunning notice, you have lost your ability to enforce the "cease communications" provision of FDCPA 809(b). So your first punch would most likely be no more than a poke.

Well, we have never responded to anything or answered a phone. We have had ZERO communication with any of them. We have no physical address and our phones do not have recorded voice mails by us. They have no clue whether or not we have ever received a notice or voice mail.

From what I understand, the 30 day response does not matter until "communication" between both parties has been established. I was going to send out the letters with a lead sentence of..... After reviewing my credit report with Equifax, I noticed a collection from your company etc etc etc... Then go into the Dv and SOL issues.


I am going to try the 1-2 punch this week. I am wondering if I should put it all in the initial letter (ie DV and this debt is outside of the SOL anyway)?

This can take care of the CA's, but what about the OC's???

Thanks,

Fly

[Flypilot]

Originally Posted by Hal Jordan

All they have to do to validate the debt is send you a simple statement with the OC's name and address and the amount owed.

All of that other stuff we ask for they don't have to give you at all. I still like to ask for it because those are things you would ask for in discovery if you were actually sued by them.

I still don't understand why you would pay someone that much money just to write and mail pretty much the same letter that i just pasted for you.

All you have to do is fill in the blanks. Mail it postage paid CMRRR wait till they get it, dispute online with the credit bureaus and see what happens.

But ultimately it's your choice. The attorney that you are talking to won't do anymore for you than that right now. Again though.. if you don't wanna mess with it pay the guy to do this for you. Just know though that him being an attorney doesn't mean he has some secret inside trick or legal threat he can do that you can't do yourself or isn't plastered all over this site or the internet already.

Well, I am going to go at on my own and see how it goes. I will try the 1-2 punch with the CA's.

Do you have a good 623 letter for the OC's?

One of the accounts is Amex and they have been closing the account and re-opening it with a new balance and DLA. They have done it at least 10 times in the last 18 months. Good thing I save all reports. They should be fairly easy to get deleted with their violations

Fly

[Lian]

The 30-day period under FDCPA 809 applies to the consumer's time period for timeliness of a DV request after receipt of dunning notice. It is not based on any two-way communications. Once they send you proper dunning notice, your time period begins to run regardless of any other communications between the two of you.

As for a sample direct dispute letter:

This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

► (If sent to a debt collector, (CA), it might be beneficial to also include the blurb:

► “This is a direct dispute of credit reporting. This is not a request for debt validation/verification under FDCPA §809(b).”.

(don’t let them just simply sluff it off as a meaningless DV letter)

In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:

Identification of the specific information being disputed:

(specify the account number, and the specific information that is disputed under that identifying account)

Basis for the dispute:

(how the reporting was inaccurate; was any reporting in violation of any statutory or
regulatory provisions? account or express agreements? CRA reporting guidelines? Account not yours? etc.)

Supporting documentation:

(all documents that support your dispute; make sure to include,
as part of your documentation, at least a copy of the portion only of your recent credit report showing their reporting of the disputed information was actually reported to your credit file. The implementing rule suggests a showing that it appeared in your credit report)

“Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you, to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute, and report back to me the results of your investigation within 5-days of your completion of your investigation.”

“Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are additionally required, under FCRA §623(b)(1)(E), to promptly notify the credit reporting agencies of correction of this information, or of its deletion from my credit file.”