Possible DV deadend

[kylemac]

In August 2004, I began to rebuild my credit and had 3 of 7 accounts deleted.

In Febrary 2005, I began the DV process. In particular, I sent a DV letter to a collection account regarding a providian card from 2001. I had never heard of this firm... Of course, they never responded to my DV letter. A week ago, I sent them a second.

Once I duisputed the debt in August, I noticed this collection firm annotated its tradeline to say "consumer disputes this account information". However, they did verify the account with the bureau -- a clear violation.

The account is mine. When I asked a MOV, EQ informed me the firm goes by another name -- one that is on my credit file. It's a debt lawyer... ugh!

From reading this board, I notice this firm has a history of not validating the debt to the consumer. Meanwhile, he responds to all requests from state AG offices and the three bureaus.

He has another week before the two weeks are up on my second DV letter.

Then what should I do?

I dealt with this guy briefly back in 2003 when he tried to strongarm me with legal paperwork threatening to sue. I knew nothing about DV letters back then -- so I sent a goodwill letter that ended all contact.

But now I want it off my record.

Here's my worry: I don't think the law requires him to do anything... So what if he doesn't validate the debt?!?! If I haul him into small claims court, he can nail me by finally validating it in front of the judge. Then I'm screwed.

Can he say my request for DV should have occurred back in 2003?

Or is he required to validate starting WHENEVER a consumer DVs?

This guy was a real jerk on the telephone a few years ago, and I want to fight him fair and square. I just need to know if bringing him to court benefits him, and not me.

[willingtocope]

As I understand (someone will correct me if I'm wrong) as long as he's marked your CRs as "In dispute", under the FDCPA he can take as long as he wants to validate.

[CreditSuperstar]

Kyle-

Is the CA Asset Acceptance? Do you have the ability to settle for deletion? This could be your only recourse if what Cope says is accurate.

[GreatGadsby]

Here's my worry: I don't think the law requires him to do anything... So what if he doesn't validate the debt?!?! If I haul him into small claims court, he can nail me by finally validating it in front of the judge. Then I'm screwed.

he can't validate it in front of the judge and nail you. when you take them to small claims court for violations of the FCRA and the FDCPA, it had nothing to do with the underlying debt. it is all about their methods and practices used to collect an alleged debt.

[kylemac]

Dead end update...

Last night I broke down and telephoned the collection firm's lawyer to learn what its intentions were. They were surprised to hear from me. Last week, the agency called the lawyer's office and said -- send back the file, as it cannot DV the account.

Surprise!

I called the collection agency today and asked why it wasn't deleted. They said it would be in 30 days or less.

Now I'm mad: which raises a new question.

I have not heard one word from this firm -- meanwhile, they were told to verify back in mid-february. It could be May 1 before this is off my bureau.

Should I be happy with the delete, or should I take this company to small claims court, since it ignored the requirements of the FDCPA by verifying an account during the 30 day wait period... at least three times?!!?!

Advise me what to do...

[willingtocope]

Like I said, the FDCPA implies that as long as its marked "in dispute", the CA can take as long as they like to validate. You might be able to cause some trouble in court, but I don't think so.

IMHO, watch your credit reports and make sure its gone in 30 days. If not, then send them an ITS and follow through.

Of course, the fact that you talked on the phone and don't really have anything in writing may make things difficult to prove.

[divemedic]

Too often, people focus on the FDCPA and ignore other laws. The FCRA section 623(a) requires all furnishers to send "complete and accurate" information. Now 623(a) has no right of private action. However, section 623( requires a furnisher to investigate all information in relation to the TL in dispute and delete or correct the erroneous information. There is a right of action under 623(.

There may also be state laws that apply to your situation. The FDCPA is not the only tool we have.

[kylemac]

Just got a letter from Pinnacle Credit -- guess what? Another deletion.

"Please allow this letter to confirm that we have closed the above referenced account. No futher obligation exists on this account and we are in the process of updating our listing on your National Credit Bureau file. In sending our previous letter (from a lawyer warning of judgement), we repled on information supplied by Providian Financial. We apologize for any inconvenience this may have caused."

It can be done... this DV thing really workds.

Any advice on getting rid of the original file, since the OC obviously has lost the records?

[willingtocope]

Have you tried disputing the OC's TL as "not mine"? If so, then try asking for "method of verification" from the CRAs.

Even if the OC hasn't "charged off" this item, the fact that the CAs don't verify doesn't really mean the OC doesn't have the info...only that the CA doesn't want to take the time to get it. If it has been CO'd then chances are its being passed from one JDB to another...and you'll here from the next one soon...