2nd debt validation response

[cjortiz]

I received the 2nd DV and they are saying that I have to send my date of birth, social security number, and also please sign your letter again. Is it ITS time?

[codename_fortyseven]

Slow down. I wouldn't send an ITS yet. I WOULD write them back and tell them that if they don't have any info on my account, then the need to delete it, if they are reporting and not to contact me until they do.

FYI, you have a violation of continued collection activity now, since they are only allowed one further contact to inform you of their intentions.

[divemedic]

Assuming the DV was timely

[cjortiz]

here is the letter:

Dear mr,

Your letter dated June 12, 2005 failed to provide our office with the information necessary to respond to your letter dated May 2, 2005.

We received your form letter requesting information in regards to the above account. Before we can respond to your request, we will need some additional information from you to ensure we are responding to the correct person. Please send your date of birth, social security number and also please sign your letter. The above account number is an incomplete number so we will need a dollar amount as well.

Thank you,

*** **********

Collection Supervisor

[cjortiz]

sorry it is an old account. placed on collection 7/ 2000

[codename_fortyseven]

How did they initially contact you?

Did they send a letter and more importantly, did you respond within the first 30 days?

Is this reporting to the CRA's?

What state are you in?

Don't sign the letter, whatever you do. Heh, some CA's think that letter's have to be signed and I even had one tell me it says so in the FDCPA.

I wouldn't send any other info either.

I might ask why they are sending letters to people if they aren't sure they owe any money.

[divemedic]

If you gave a name, account # and address, that is enough. There is a law that allows them to ask for more info (facta) but I feel like they should be able to locate you with just a name and address.

This is a stall tactic that many CA's have been using since FACTA.

[get A·non·y·mous]

So how should c respond? Send in another letter with the ss#, dob, and signature info and again re-state the demands of the original DV, then restart the 30-day clock? Or just send in the requested info and a second DV once it's been 30 days from the original DV letter?

[Methuss]

Do NOT give them the SSN and DOB or anything else besides name, address, and their account number.

If they don't have that info, they are on a "fishing trip" and obviously can't positively identify you as the proper person. I'd tell them that specifically.

I'd also tell them that it wasn't a "form letter" since you typed it up and mailed it personally.

[divemedic]

There is no 30 day clock for a CA to respond to a DV request. If your DV is timely, they must cease collection activity until they validate. IF your DV is not timely, they can continue to collect, as long as they mark the account as in dispute.

[Methuss]

There is no 30 day clock for a CA to respond to a DV request. If your DV is timely, they must cease collection activity until they validate. IF your DV is not timely, they can continue to collect, as long as they mark the account as in dispute.

But they may only list the account as in dispute for 30 days. So they have to respond or remove it from the CRA reports. If they don't then they are violating the FCRA for failing to finish an investigation within 30 days and continuing to report unverified tradelines.

I'm going to have to type up a new sample letter that combines the FDCPA validation claim and the FCRA dispute so we can stop this debate about the 30 day response time. FACTA requires a furnisher to investigate disputes (and prohibits perpetually listing an item as in dispute) and the FDCPA requires validation. Combine the two and you have a solid 30 day time limit for the CA to respond...as long as they are reporting. If they are not on your CRA reports, then there is no time limit (and it's a moot point anyways since it isn't hurting your credit rating).

[cjortiz]

How did they initially contact you?

I send them a DV letter first back in April 2005.

Did they send a letter and more importantly, did you respond within the first 30 days?

No They didn't send me a letter. No, account is past the 30 days 7/2000

Is this reporting to the CRA's?

Yes they are reporting to CRA

What state are you in?

Texas

Don't sign the letter, whatever you do. Heh, some CA's think that letter's have to be signed and I even had one tell me it says so in the FDCPA.

I wouldn't send any other info either.

I might ask why they are sending letters to people if they aren't sure they owe any money.

[jerry685]

But they may only list the account as in dispute for 30 days. So they have to respond or remove it from the CRA reports. If they don't then they are violating the FCRA for failing to finish an investigation within 30 days and continuing to report unverified tradelines.

I'm going to have to type up a new sample letter that combines the FDCPA validation claim and the FCRA dispute so we can stop this debate about the 30 day response time. FACTA requires a furnisher to investigate disputes (and prohibits perpetually listing an item as in dispute) and the FDCPA requires validation. Combine the two and you have a solid 30 day time limit for the CA to respond...as long as they are reporting. If they are not on your CRA reports, then there is no time limit (and it's a moot point anyways since it isn't hurting your credit rating).

[ghacorp]

By not complying with additional details you are adding fuel to their fire to further collect from you! They hope you do not respond! So what do you do? You provide them the last four digits of your SSN and the month and year you were born and YES you DO sign the letter else it isn't valid plain and simple. This information is already contained on your credit report which they probably already have anyway. Most collectors are not low or stupid enough to forge signatures. If you didn't sign something you should have no worries.

[Hoefsmed]

Don't listen to GHAcorp He's trying to get you to supply his CA friends with info about yourself, If they don't have your SSN or a copy of a signed agreement then the CA is fishing!!!!!!!!!

The Whole purpose of requiring DV is so the CA proves he has the actual debtor not just someone with the same name, should you provide info to any CA then he has your address DOB and SSN and maybe a signature, and some even ask for banking info. The CA could then assign the info you give to the account and proceed.

Any info you provide can and will be used against you, JDB's usually have no source for DV info so if they can't get it from you, they have no case,

Don't provide any info to these people ever, they have to by law get their own info and the only place you have to provide your info is in court!!!!! at the request of a judge

I really have been trying to give GHA the Benefit of a dought, however posts like this one abound. I'm now certain GHAcorp is a troll for the CA industry.

GHAcorp we're on to you, You might be happier somewhere else.

[Hoefsmed]

BTW if the CA has a credit report to work from, it may be yours, it may be someone else's(same name) there's no guarantee, that's why DV is so important,

People routinely pull up my wife's sisters credit report. why?

they have very similar names and the same initials and there SSN's were assigned by the military (navy brats) so their SSN's are only one number apart, the last one.

if a CA is fishing he can pull up a credit report on a name and troll thru looking for possible matches to the person he"s looking for find a likely candidate, then fish for more info with a letter, this method doesn't sound entirely legal but look what class of people we're talking about here.