Jump to content

Recommended Posts

Here is where I am soooooo confused. You all say that you have had to send more than 1 dv letter before you got results. Does that mean you sent 1 and it came back verified, so you sent the 2nd and it came back verified so you send a 3rd and they dont verify it so it must be removed???? Because I thought that they had 30 days period. If they dont verify they must remove no more need for dv letters??????

PS what should be in the dv letters?

Yout whole long story about why its being disputed or a simple few questions for them to anwser? What is considered a "Validation" in a response back to you! What info should it contain. PS is DV worth it to me if my accounts are like almost 4 years old and been charged off and sold elsewhere???

Link to comment
Share on other sites

First of all, read this to answer most of your questions:

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

You send DV letters to collection agencies, not the original creditor - so the fact that it's a charge-off doesn't matter. If it's the original one, it has no bearing on the DV....if the collection agency has charged it off, then you can DV them, they're still a collection agency listed on your report. You CAN send a request for information to the OC, but they don't have to send you anything because they aren't bound by the FDCPA.

By having to send in a few DV letters before you can get an account deleted, we mean that when you send your first one, most of the time, the collection agency will ignore you. If they do send something, it's usually not a full validation (read the site to find out what is). So you send a second one...they usually don't respond again if they didn't respond to the first one. You start building up those ignored letters and that proof with greencards/certified receipts, you can send a copy of those to the CRAs to try and get them deleted. The more, the merrier. Also, as you go, each letter to them should be a little more stern and a little more threatening to sue. If they're not sending you anything for that long, doubtful they have the info they need. That's when you send them an ITS....and eventually sue if you have to! :)

The CAs don't have 30 days. They don't REALLY have a time limit, per se. However, if you GIVE them 30 days and they don't respond, it looks better on you and your case. Hey judge, I tried! :wink:

There's a good copy of a DV letter on that link. Change it up to suit your needs.

Link to comment
Share on other sites

Thanks! No I totally read that link like 2x's. But as I said it takes me a while to get things. So if the CREDITOR really has no time line on how long it taes to Validate than what says they have to remove the listing at all? There has to be some kind of time limit. ??? Do you still think I have a leg to stand on with my accounts that are almost 4 years old, charged off and sold to someone else.???? And Say I dont get some validated and I do get them deleted. The ORIGINAL Creditor still shows on the report. What do you do about him ... wait till he drops off in 7 years. How does that look?

Link to comment
Share on other sites

I agree with Chase. I have been working with a collector for my wife. I send DV's they send back a letter that says "pay" $x.xx. No validation, just pay. So I suspect you have to be a "squeaky wheel" to get results.

And don't forget about FDCPA 809 (B):

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

If you are getting collection notices from the CA after sending a DV, and before getting it validated, then they are violating. Reminds me a lot of Arrow, heh.

Since so many of these CA's just ignore DV's or improperly validate, it's crucial to keep track of their violations, whether they're licensed/bonded/registered in both states, and then report any violations to the AG, SOS, and BBB if you aren't getting anywhere with the DV process and/or CRA's.

Link to comment
Share on other sites

So what do u think about this. Am I going to cook my own goos on this? To be in ompliabce with FDCPA 809 (B): § 809. Validation of debts [15 USC 1692g] where it states: (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

Should you contact the collector and say I noticed this on my report and I am unaware of your firm becuase I have never received any notices from you on this could you please send me a letter stating what I owe you. And then when you get the letter turn around and use that 30 days to dispute it. Just so that you are in compliance with the statute. Or is that a perfect reason just to go into the dispute and not request a letter first. See a lot of my accounts are with people I have no idea of.. We have moved so many times that trying to send any mail to us was impossible.

1 Last question.... How can you proove that a debt collector never notified you that the debt has fallen into there hands. Isnt there a limit as to when they rec or purchase an account they have so many days to notify you in writting that they do have it. Same as above never got any letters from any of these people. Half the medical I was shocked to see 14 accounts from OSI all under about 100 except like 3 that I have never been notified of.

We also have GOOD leg to stand on if they never put in the letter to you that (a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt and only puts that you have 30 days to dispute the validity of the debt. Im Citingthat case under Debt Validation where they served Spears a summons to appear in court after he did a DV but he won becuase of that tiny clause and a few other reasons!

Link to comment
Share on other sites

You're not reading far enough. One item down states this:

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

If it comes down to it, just tell the judge you didn't know about this until you saw it on your report. Tell this to the CA as well. If they're going to argue one point, you have the other. :D

About your last question, I don't know that you CAN prove that, really. You can SAY that and SWEAR to that, but you can't really prove something that doesn't exist. State that fact, then go with the DV method.

Link to comment
Share on other sites

I have a rather technical nickpicking question about DV letters and the FDCPA.

I won't quote the FDCPA agian but like in the sections above, it states that if I send a DV letter, the CA only has to reply with the name and address of the original creditor.

Whereas with the debt validation strategy (http://www.creditinfocenter.com/rebuild/debt_validation.shtml), it says debt validation should consist of a) copy of original contract, B) proof of debt ownership and c) payment history.

The FDCPA does not state anywhere about payment history and contract, etc... so would a CA really be required to provide that information? Could someone quote the FDCPA for me? I read through it several times and found nothing about contract and payment history when validating debt. Does the Wollman opinion really hold any water? It is an opinion afterall.

The CA signed for my DV letter on the 8th and I received another bill statement from them dated the 9th before any validation. I know this is a violation of FDCPA... anyone else think otherwise? And should I go ahead and send another DV letter, mentioning them violating FDCPA and to drop the whole matter or I file a complaint?

Thanks, everyone. This forum is a godsend for us average joes.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.