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No response to DV letter


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i have sent DV letters to 4 CA that have tradelines on my CR and no of them have responded so far "it has been 45" should i send a second DV letter requesting to delete tradeline from my CR ? also if they do i would like to settle with the OC but it has been over 3 years any change of settling with the OC ? or do i have to live or die with a CA ? :twisted:

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I would send at least 3 letters, spaced 30-45 days apart, requesting DV. At the same time, dispute with the CRA's. If they verify the TL, ask the CRA for a MOV, and re-dispute until the CRA refuses you. Within each DV letter, include language that basically says if they are unable to DV, then they must delete the tradelines by such-and-such date.

This is especially important when you live in California, because it establishes the CA's intent: it will be harder for them to explain why ignoring several letters requesting DV is a procedural error (an affirmative defense) to a court.

In California, you are entitled to sue for any violations under the Rosenthal Act, which more or less mirrors the FDCPA. State law also allows you to ask for punitive damages, but you must establish that the CA acted with malicious intent. Several unanswered requests for DV while continuing collection activity is a great way to do that.

As far as settling with the OC, what kind of debt is this (medical, credit card, etc)?

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Remember, it is not a violation of the FDCPA for a CA to ignore a DV. It is a violation if they continue to collect and may be a violation if they verify the TL with the CRA but fail to respond to you.

I would send a second DV request with the line that asks them to delete the TL if they can't validate, per the FCRA and FDCPA. Send it Certified Mail. Get the cert label ahead of time so you can put the number under the date on your letter. " Sent by Certified Mail xxxxxxxxxxxxxxx" If they do not answer in 45 days from the date the USPS sys they got it, dispute with the CRAs, copying the letters you sent, saying that since the CA cannot validate, it is inaccurate or illegal and the CRA must remove it.

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this is old credit card debts, they left me alone for a long time but now they are after me again, i will resend DV letter again and see what happens, also is there any way to delete an OC TL? another thing what is the best way to send a payment to a CA ? thank you both for your answers

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this is old credit card debts, they left me alone for a long time but now they are after me again, i will resend DV letter again and see what happens, also is there any way to delete an OC TL? thank you both for your answers

How old? 4 years or more since you defaulted? If so, tell the CA's to pound sand as the debt is beyond SOL.

As for removing the TL's, other posters have gone the MOV route: if the debt is old enough, the CRA can't provide method of verification, the debt goes away. You might have to threaten or file a lawsuit somewhere along the way.

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this is old credit card debts, they left me alone for a long time but now they are after me again, i will resend DV letter again and see what happens, also is there any way to delete an OC TL? thank you both for your answers

How old? 4 years or more since you defaulted? If so, tell the CA's to pound sand as the debt is beyond SOL.

As for removing the TL's, other posters have gone the MOV route: if the debt is old enough, the CRA can't provide method of verification, the debt goes away. You might have to threaten or file a lawsuit somewhere along the way.

vrandon the debt will be 4 years old next november 2006 thats why i think they have started to bother me again

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