workinninetofive Posted December 11, 2004 Report Share Posted December 11, 2004 I sent a C&D today to a CA (just assigned). I have been very aggervated it was turned over super quick. I was actually disputing some charges. I would much rather deal with the OC on this. When I called them, of course they told me its closed at their offices. Should I have sent a DV? Kind of confused as to when to use each. Link to comment Share on other sites More sharing options...
willingtocope Posted December 11, 2004 Report Share Posted December 11, 2004 Bascially, when you are approached by a CA, you should always send a DV letter, with a limited C&D...you need to tell them in effect to validate the debt and to only contact you in writing. Never admit anything...and never provide anymore info than they provide in their letter to you. IF the CA fails to validate, and keeps contacting you, you can use a full C&D to tell them to leave you alone since they obviously can't prove the debt is yours. If the debt is beyond the SOL for your state, you can also use a C&D to tell the OC or a CA that the debt is time-barred and they should no longer hassle you about it.You can send a DV letter to an OC, but, they are not bound by the FDCPA and therefore needn't reply. And remember, it doesn't matter whether you think the debt is yours or not...the whole purpose of a DV letter is to make the CAs play by the rules. They have to PROVE the debt is yours, the amount is correct, and they have the right to collect it. Link to comment Share on other sites More sharing options...
workinninetofive Posted December 13, 2004 Author Report Share Posted December 13, 2004 I did send a C&D right out, it was the please c&d. I think that must be the limited. I have not sent them the DV yet. Did I mess up on this? I suppose that I could send one out tomorrow. BTW, an OC does not have to respond to a DV?? I did not know that. What if they are reporting incorrectly? Do you just take them straight to court? Link to comment Share on other sites More sharing options...
willingtocope Posted December 13, 2004 Report Share Posted December 13, 2004 Not certain of the absolutely technical definition, but to me a limited C&D basically says "only contact me in writing"...no more calls.Right...an OC is not bound by the FDCPA and therefore does not have to respond to a DV before continuing collections...however, if you have evidence that they're reporting incorrectly, a polite letter to them stating what's incorrect (sent CMRRR of course) may get them to correct it. If they don't, then you might try an "Intent to Sue" (ITS) pointing out that its against the FCRA to report false info.And...no...you haven't messed up. OC and CAs keep such lousey records that its hard to foul up the "correct" sequence of events.Keep working at it... Link to comment Share on other sites More sharing options...
workinninetofive Posted December 13, 2004 Author Report Share Posted December 13, 2004 So maybe at the very least... I can get TU to delete it.. If I send copies of the request. That's all I really need is the TU deletion. You cleared that up... thank u Link to comment Share on other sites More sharing options...
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