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My First DV letter to CA and my progress


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Hi Guys,

You are doing great work helping people out.For last few days I was going over tons of information here.

I was denieded a car loan few weeks back saying I didnt have their required fico score.

So I started investagating by getting all my 3 reports.

I have 1 paid Collection about from abt 1 year back.And one unpaid collections for a CC 3 yrs back.

1) Back ground of Paid Collection

When I moved out of place and cable company made a $16 bill for remaining part of month.As I moved I wasnt able get the bill and after few months Collection company CMI credit management ,lp sent notice to my new address and I paid it promptly.I didnt know the deadly effect of paying Collections just was out of school.

Interesting thing I paid to CA but the TL in my report still says my CAble company .I dont know to which I should send the DV and decided it would be cable company because they own the TL

2) Back ground of Unpaid Collection

This was long time back CC that was unpaid .I dont know what exact dues are but I know its not what I am looking in the Credit Report.

This is with UNIFUND Corporation in Ohio and I am in Calif.CA havnt approched me all three yrs .

I have taken the sample DV letter for both of them and I planning to send to both of them

1)This letter is for paid collection

To Whom It May Concern:

In accordance with the FDCPA and FCRA, I hereby dispute the validity of the above referenced alleged debt.

Please provide

1) The complete original signed agreement bearing my signature and date.

2) A complete itemized accounting of all transactions for the account including all debits and credits to the account for the entire history of the account.

3) An itemized accounting of all transactions on the account after it was written off including all debits and credits.

4 )Please cite and reference the specific law authorizing you to charge interest or fees to this account and documentation of how you are calculating and applying any interest or fees.

5) Complete documentation of the amount that was written off for tax purposes and by whom it was written off.

In accordance with the FDCPA, please do not call me again and communicate with me ONLY in writing.

Lastly, in accordance with the FDCPA, you have 30 days in which to provide the above referenced validation documentation.

I will look forward to your response.

2) This is for the unpaid Collection

To Whom It May Concern:

It has come to my attention through the credit bureaus that you claim I owe a debt to your agency. While I have yet to have the debt verified to me as legitimate through my right of the mini Miranda . Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account

• Show me that you are licensed to collect in my state

• Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

• Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

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  • 4 weeks later...

I have got a reply from UNIFUND saying

That ur debt is for the amount $$$ for the account XXXXXXXXX that was bought from CITIBANK at this date dd/mm/yyyy and it incurring interest please pay to our addresses.

And there is again at the end of letter that I have 30 days to DV.

I didnt understand Do I need to again DV freshly or send second DV saying that what U sent me is not enough I need more info.

Advices and sample second DV appriaciated.

Thanks ALL

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Unifund is stalling. They are allowed one more contact with you after a DV to let you know their intentions with respect to collection. However, a letter such as the one they sent is considered continued collecton activity and that is a no-no under the FDCPA once a CA has been sued. Send them a strongly worded letter attaching a copy of their most recent letter and state that 1) they have not validated the debt and 2) they are in violation of the FDCPA by sending you the attached letter. Record any phone messages they may leave for you and, if you are in a one-party taping state, record any phone conversations you have with them (although speaking on the phone with them is not advisable). Let them rack up a few FDCPA violations and then you can fire off an ITS (intent-to-sue) letter stating that if they don't cease all collection activity and remove any negative tradelines from your reports that you will sue them under the FDCPA for $xxxx in damages (but only if you really, honestly plan to sue...false threats of intent to sue diminish what we're trying to accomplish here).

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Thanks breating_easier my second DV is on its way.Hope its work I have mentioned that I have them on one voilation.

I have disputed with CRAs too I am yet to hear from them its been 20 days now.

On Paid collection front its been 30 days but no reply this is also disputed with CRAs yet to hear from there too.

Now started working with the late payments.I am writing goodwill to Citibank and Discover.I tried on phone all weekend to get hold of somebody that listen my real story.Man I think CS guys have gotten stuburn I wasnt able break through got few address to send but those were their usual addresses nothing worthwhile.

I got addresses only after me lying that I have 120 days late in CR and I was never 120 days late on my account.jeez

I will send goodwills to all of them and wait and send again :D .

Guys great work is done here I would also start helping others soon

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