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Next step after 2 DV's


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I sent out DV letters for a few TL on my report. I received 2 responses so far and I don't believe either of them are proper validation. Please confirm.

1. Asset Acceptance - Replied with a letter that said the original OC, the original amount and the amount of the fees/intrest. This was on a one page document easily generated from word.

2. Applied Card - Replied with a letter stating they received my dispute and asked that I fill out a fraud investigation forma nf have it filled and notorized before returning it.

What is my next step for both letters?

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The creditor should provide you with:

Proof that the debt exist: a copy of the original agreement is good

Proof of the amount they say you owe: The entire history of the account is the only sure way to make sure you are quoted the correcx amount. Thius way you will be able to verify the amount yourself

Proof the CA is the person you are supposed to pay: An offical document between the OC and the CA showing that is was sold is good.

Depending on the content of your DV letter, Applied Card has violated your rights an is in violation of FDCPA. If you are willing, you might consider suing for $1000 or you might wish to point out the violation to them and tell them to reduce the debt by $1000 and you will not file suit. :)

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I used the standard DV letter found here under sample letters. So it specifically stated what I was requesting.

Thanks for pointing out they violated a law. I will be sure to include that in my 2nd DV letter. I have kept a copy of the letter and such that they sent me. I have learned here that I need to keep everything.

My second round of disputes and DV's will go out by the end of this week. Let's see how they respond this time.

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I am sending out the 2nd round of DV letters. Each adjusted based on the response or non response of the first letters. I am also disputing the items a second time with the CB's.

I am using the explaination of "company is unable to validate debt pursuant to FDCPA regulations. Please remove" with the CB's. Should I be using this or should I still claim them as "not mine"?

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  • 1 month later...

I am at a loss. I have sent 2 DV's to each company on 4 different accounts. 2 are with Assest and 2 are with Applied Card. And still have not received proper validation.

Assests response to one of the accounts was "please call us to discuss this account so we can better assist you." They have since updated my credit report again. Causing my scores to drop yet again.

I have disputed again all 4 accounts with the bureaus. I am not sure what the next step is or if I should just give up. And wait for these to drop off my reports.

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Their responses, and lack therof opened them up to legal action by you.

In my time on this website, I cant recall of anyone saying the CA properly validated, which I think in large part is why the letter was created as it has been. Knowing they dont have this documentation is the prurpose behind getting them to either validate, remove it from your credit report, or face legal action. Updating your credit report without validating constitutes further collection activity on a debt they have not legally proven they can collect on.

Sounds to me like you're on the right track. I'm going to leave it to others who have been through the whol process to recommend your next steps....but it sounds to me like you are doing all the right things.

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Assests response to one of the accounts was "please call us to discuss this account so we can better assist you." They have since updated my credit report again. Causing my scores to drop yet again.

Definitely don't call them. It just buys them more time and gives them the chance to say all kinds of bs without any proof they said it. Plus, they'll probably grab your number and start calling you endlessly.

If they updated your CR without any DV, they're in violation. Say that in your dispute letters and in your next DV. Mention specifically that they're in violation of the law(s) and which ones.

Updating your credit report without validating constitutes further collection activity on a debt they have not legally proven they can collect on.

There's an FTC opinion on this that says reporting to your CR is construed as collection activity, so if they can't validate, they have to remove or you have grounds to sue.

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The latest. I received letters from Applied Card (I have 2 different TL's from them) saying that they could not delete the TL's I am disputing from my credit report. Each letter also stated the date each account was charged off.

Now I have received a letter from NCO saying they are now the owners of one of the accounts from Applied Card. Do I have to start the DV process all over again?

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  • 5 weeks later...

Update:

I dv'd the account sold to NCO and have not yet heard anything. It has not yet been 30 days.

I have now received a call (on my cell phone) from Assest regarding 1 of the accounts. When I stated that they were not legally allowed to call my cell for for debt collection he stated "I know but this is the number you gave us" I never gave them a number and the cell phone isn't even in my name. He then gave me the "this is in regards to collecting a debt and any information received will be used for that purpose" I stated that the statue of limitions had run out on the debt and please do not call again then hung up.

Do I send the SOL is up letter to all 4 and hope for the best?

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  • 4 weeks later...

Asset has sent me another letter on one of the accounts threatening to take further action if I do not call to make payment arrangements. I have Dv'd them 3 times previous to this most recent letter and they ahve not responded. I am at a loss. Do I send another dv letter to them or do I send a cease and desist.

As for the other accounts. I have never received validation however they all keep reporting every month to the credit bureaus. Do I just keep disputing?

Everyone here has been great. Any advice is appreciated.

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Asset has sent me another letter on one of the accounts threatening to take further action if I do not call to make payment arrangements. I have Dv'd them 3 times previous to this most recent letter and they ahve not responded. I am at a loss. Do I send another dv letter to them or do I send a cease and desist.

But they did respond: "1. Asset Acceptance - Replied with a letter that said the original OC, the original amount and the amount of the fees/intrest. This was on a one page document easily generated from word."

Poor validation is not a violation. They believe that they have "validated" the debt, so they are entitled to continue to collect. You can send DVs until you're blue in the face; but Asset is sitting back laughing @ you. The DV letter on this site is a sample letter; it's only intended to be an example. The list in the letter is a scare tactic. The CAs do not have to supply everything on the list. However, most of what's on the list is needed (especially for consumers who believe that the debt is not theirs) if you want the CA to prove to you that you owe the right amount to them. But if they don't provide the info, that doesn't necessarily mean that they haven't validated per the FDCPA. You can hold off on fighting them, wait to catch them in a violation, or negotiate.

If you send them a C&D, then you are giving them 1 of 2 choices: either close & cease...or sue you. Depending on the debt amount, Asset can be lawsuit happy. How have they violated? Have they threatened you? Called your place of employment after they were informed not to call? Anything like that? Is the debt yours? The bottom line is...if Asset is complying w/ the law (yeah...right), your best bet is to try to negotiate...especially if the SOL has expired.

I have never received validation however they all keep reporting every month to the credit bureaus. Do I just keep disputing?

Follow the DV chart. If your DV was timely, then each report to the CRA is a violation (if they didn't respond to your DV).

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  • 2 years later...

I started using Lexington Law to assist me in March. My retainer ended this month and I chose not to continue for a number of reasons.

I've recently pulled all 3 CR and sent out follow up requests for Validation on all negatives.

Should my next step be to do a second DV?

Wouldn't this actually be a third, or can I even count the letters Lexinton was sending out?

Thanks for your suggestions and advice :)

Desi

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I started using Lexington Law to assist me in March. My retainer ended this month and I chose not to continue for a number of reasons.

I've recently pulled all 3 CR and sent out follow up requests for Validation on all negatives.

Should my next step be to do a second DV?

Wouldn't this actually be a third, or can I even count the letters Lexinton was sending out?

Thanks for your suggestions and advice :)

Desi

My suggestion is in future you develop a number of reasons in February. You will save cash and not be in this situation.

You may find if you gave a power of attorney that your position has now been comprised and is unrecoverable in relation to DV rights. Who knows for sure, but it has happened to clients of agencies such as this many times in the past.

You may even find that you are labeled frivolous.

Only time will now tell. :dunno:

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  • 2 weeks later...

Asset Acceptance was removed from my credit report like several days after I sent the DV....

Well today I recieve response to my request. It's just a letter saying Asset Acceptance LLC Acct#xxxxxx

Bally Total Fitnes Account #xxxxxx

Dear My Name

Thank you for your request for further validation of your abov e mentioned account.

Enclosed please find an account statement prepared with information provided to us by the prior creditor

Please contact me so that we can work toward resolving this matter....

The second page is on their letter head that again says the original creditor is Bally total fitness

It gives the original account number, balance, principal, interest fees

And below has for my Personal information my current address and then a place for Social Security # that is blank....

I now know Asset Acceptance drinks the "kool-aid"

Desi

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  • 2 weeks later...

Please help out a newbie here. I just found this site a few days ago. Out of fear I threw out a letter from an attorney tryign to collect a debton a recent CC debt I haven' paid in a couple of months. Also another letter from NCO for collection of yet another debt which I tossed. These are all recent debts that I can no longer pay due to the desire to keep my home payments up in spite of cuts in pay. Have I blotched the use of validation by throwing out those letters and not doing a validation request?? I had no idea of that procedure until I discovered this site a few days ago.

Any advice would be helpful. In total I have several credit cards I can no longer pay so I will be getting more collection letters. Today I got one from Viking Collection. This company actually brings up the idea of sending a validation request to them within 30 days. The other two did not and in fact gave little information. Also I have a private phone number and in spite of that I have had one credit card company and one collection call at my new private number.

ANY suggestions would be much appreciated. I will follow through now that I know I can do something to help improve my situation.

Thank you, Becky

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