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RFC: My DV process so far


TheLookingGlass
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Request for Comments:

Please review what I've done so far and provide comments and suggestions.

08/20/05 Capital Management sent me a dunning letter

08/24/05 Opted-out.

  • TU: Removed alt names and old addresses
    EQ: Removed alt names and old addresses

08/25/05 EX: Removed alt names. CSR would not remove old Addresses linked to TLs

08/27/05 EX: sent to me address deleted confirmation letter stating all old addresses deleted but with a CR showing old addresses

08/29/05 TLs for account mentioned by Capital Management:

TU, EQ:

CAPITAL ONE #XXXXXX; ... Virginia; Balance: $XXX; Date Updated: 08/2005; Original Balance: $XXX; Original Creditor: a utility company; Past Due: >$XXX<; Pay Status: >Collection Account<; Account Type: Open Account; Responsibility: Individual Account; Loan Type: Open Account; Remark: >Placed for collection<; Date placed for collection: [ 03/2005]; Estimated date that this item will be removed: 11/2010

MONEY CONTROL #XXXXXX; ... California; Date placed for collection: [ 05/2004]; Estimated date that this item will be removed: 01/2011

EX:

CAPONE BANK-INT INVES; ... IDAHO; Partial Account Number: XXXX...; Original Creditor: a Utility Company; Status: Collection account. $XXX past due as of Aug 2005.; Date Opened: 03/2005; Type: Installment; Credit Limit: $XXX; Date of Status: 07/2005; Terms: 1 Months; High Balance: NA; Reported Since: 07/2005; Monthly Payment: $0; Recent Balance: $XXX; Last Reported Date: 08/2005; Responsibility: Individual; Recent Payment: $0; Account History: Collection as of Aug 2005, Jul 2005

08/29/05 Started DVing all the CAs for TLs related to Capital Management’s TL.

  • Capital Management (not on any report) and
    Money Control (on TU, EQ)

08/30/05 Disputed with Big 3. DV'd remaining CAs

  • Capital Bank - Int Inves (on EX only)
    Capital One (on TU, EQ)

09/03/05 I Recieve a letter from Capital Management stating "...We are no longer servicing your accouunt...forwarded to Capital One..."

09/05/05 Money Control sent letter instructing 09/06/05 Have all green cards

09/07/05 EX shows CAPONE BANK-INT INVES investigation estimated time to completion 10/02/05

09/19/05 Received 2 letters from Capital One (everything's the same except body):

  • Letter #1: “....We purchased it and now we own the debt....payment options, please call....”
    Letter #2: “....We are researching your dispute....”

09/21/05 EX online report not marked disputed (Violation?)

09/29/05 EX online report CAPONE BANK-INT INVES; “Status Details: This item was verified and updated on Sep 2005”

My next steps are:

10/06/05 Send second DV letter. What are the violations I should list? Currently I count the following:

  • Defamation, financial injury (FCRA)
    failed to report disputed to EX (FCRA Section 623., FDCPA Section 807( 8 ) ) [2 x $1000?]
    continued to pursue collection activity by writing me and
    not validate the debt while continuing to report to the credit bureaus (FDCPA Section 809 (B) )

Other issues:

I’ve ignored the fact that EX sent a letter stating that all the old addresses were deleted but they are still on the CR

Request for Comments:

Please review what I've done so far and provide comments and suggestions.

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10/06/2005 Capital One has sent a lettter stating:

Dear TheLookingGlass,

We have enclosed the following documents, which verify that this is your account:

Statement month year

If you have any additional information to support your claim that this is not your debt, please forward it to:...

Obviously this is not validation of my debt. In fact the "statement" is some type of photocopy of a utility bill with the standard look of the utility company. The first page of the bill has the However, other than a account number there is no information that identifies anyone. The "statement" only shows line items previous balance and adjusted charges for service. In April 2004, I had not had an account with this company for 6 months. There is nothing to prove anything here. I got nothing else concering the DV.

Should I send the normal second DV letter?

Should I tell them that the information they provided did not have an identifing name or address.

Should I send proof that the debt is not mine, if I have it? I.e. I have not had utilities with that company since I moved out of the service area well before the bill was generated.

Is ths letter concidered continued collection activity?

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