I sent a nutcase letter to a CA for a paid DV from 2005, and it has been over 30 days with no response. Would there be any change in my CR if I didn't receive a response? What should my next step be?
There is no requirement that a CA respond to a DV (unless your state requires it); let lone to respond to a 'nutcase' letter. The only way to know if there was a change to your report is to check your report. A 'nutcase' letter is pretty much a last ditch effort to get rid of a paid account. If there are true actionable errors in the accounts reporting, that would be the only way that you would have a follow-up strategy, but then that should be done before the 'nutcase' letter.
I thought I read in one of the FAQs that a CA DOES have the responsibility to respond to a DV as per the FCRA. Mayhap I was mistaken. [edit] I found what I was thinking of - Butch's Hall of Fame thread called "What is Validation?" He writes that the 30 day time frame only applies (via FCRA) to disputes sent to the CRAs, NOT to CAs. [/edit]
In the thread pasted below, ontrack pointed out that it is a CA's responsibility to send a notification within 5 days of first contact that the debtor has 30 days to request validation. I never received a single call, letter, or other correspondence. Is it not an FDCPA violation that I haven't yet received a notification? The first contact would have been the nutcase letter that I mentioned earlier. By this logic they should have sent something or called me within 5 days to tell me I have 30 days to request validation of the alleged debt. On top of that, they haven't responded after 30 days. Here's that link: http://consumers.creditnet.com/Disc...idation-and-the-30-day-time-period-66008.html
You need to re-read that completely... That is when you send the DV; then when they've received that DV, send an FCRA dispute to the CRA. The CA can't verify the account (if the dispute was timely), until after they've answered the DV, effectively putting the FCRA's 30 day time-limit on the validation request. BUT, it's only when you've done BOTH steps, not just sending the DV notice.
Check your report... I sent a letter much like the nutcase and they never contacted me but did remove the tradeline, so you should check your report.
If you sent a true "nutcase" letter, then the next step is the action of suit. This is why you must be careful with using these types of letters. Please note that the CA is not required to respond, if DV was sent after the intial 30 days from receipt of first notice. But you should check your credit reports before you take any further action. Also, did you previously dispute the tradeline with the credit reporting agencies?
I don't know if you typed that before reading the rest of the responses, but let me clarify. I understand that the CA is not required to respond within 30 days. What I was kicking around was the idea that there was an FDCPA violation because I received no notification within 5 days of first contact, which was the nutcase letter. I will check my reports again in a while; I have one other thing to battle before getting new reports sent to me. Already burned my free ones for the year, so I'll have to buy them.
