Jump to content

Do I send a 2nd DV?

Recommended Posts

Send a CA a DV for time share maitenence fees.

Rec'd letter from them:

RE: OC name

Acct number: CA's

Reference number: OC's

Amount due: same as on CR

They sent an "aged invoice report" - Nothing on it states it is from OC. I know it is beacuse of the "customer id". It runs down from my first missed maitenence fee in 1/02 and states the month, invocie ID, Invoice balance and age.

The total is $865.40 (fee plus interest and late fees from OC for past 3 years) then at the bottom the CRA hand wrote and added"collection fee" amount and totaled, and highlighted total.

And wrote their acct number and active next to it.

They did not send any other info as to how I owe this to THEM, nor did they say if they are licensed to collect in AZ - they are not, I looked them up.

Do I send a 2nd DV or am I screwed? Also after I sent my DV's and waited for cards I sent disputes to the 3 CRA's. Although I am not seeing anything online re: these disputes (I use TC for daily pulls)

Any input appreciated.

Link to comment
Share on other sites

First, validation papers must be from the OC. Second, it is illegal for them to charge any sort of a collection fee.

Write them again, second DV. In general terms, tell them that what they provided is not validation and ask them to provide it. Do not tell them why they are wrong, just that they are wrong. Give them plenty of rope with which to hange themselves.

Link to comment
Share on other sites

they can charge a collection fee if the underlying debt included a provision for it. You said something about common charges, so check and see if the instrument under which you agreed to pay common charges makes you liable for collection fees, too.

You could write adn say they have sent you nothing that helps you identify this debt as yours. If you recognize the OC as someone you owed $$ to, then it is wither you don't owe them anything or you don't owe them what is demanded. And they need to show you proof that you are obligated for a collection fee.

So, whatever your beef, make sure you reiterate that you dispute the debt and your obligation for it and you are invoking your rights under the law.

Link to comment
Share on other sites

Ok went thru my "book". I would indeed have to pay interest and collection fees. I guess my reasoning for dispute is - I did not sign a contract with the CA - I tried to pay the OC directly but they said they would send the money to the CA and I would still have to pay collection fees. The OC has told CA not to settle for anything less than full balance.

All I really want is for the CA not to be able to verify to CRA - so it will go away while I am pre approving for a mortgage. Then when I have the money again I would try and get the OC to accept it

My idea for a letter is one I found here:

This letter serves as notice that your attempt at account validation is incomplete as outlined in the FCRA and FDCPA. You must, at minimum, provide the following information.

•You must provide me with a complete original copy of the contract bearing my signature.

•This information must come directly from the original creditor and must be current information.

Absent such proof, you must correct any erroneous reports of this debt as mine. For the record, I state again that I have no account with you, nor am I your customer, nor have I entered into a contract with you. (I REAALY LIKE THIS PART)

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims.

This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.

This is a request for information only, and is not a statement, election, or waiver of status

How's that?

Link to comment
Share on other sites

I have been re reading the letter the CA sent and it cifically says "maitenance fees are req....SAMPLE copies are enclosed." So originally I thought what they sent was suppose to be from the OC but apparently, according to them, it is a "sample". So I guess this makes it easier to second DV correct?

Also how does the above letter look - want to make sure all is in line when I do this.


Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.