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DV Response Inadequate - What Next?


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Hi,

Found this forum recently and is unbelievably helpful!!!

I sent a DV letter as per this website and received the green card. I also disputed it with the CBA. I received a notice from the CBA saying that the item had been deleted from my CR, however after calling an enquiring to see what the reason was (out of interest) they informed me that it was the CA that requested the deletion... Meanwhile, I've received a letter from the CA that states the following:

"In your correspondance you allege that EMCC, Inc has failed to properly validate your debt pursuant to the protections afforded by the FDCPA. Please be advised that FDCPA does not require that we provide a signed copy of the contract that you requested. See GMAC v. Rocky Joe Gibbs, 2003 WL 314443. In fact, "verification of a debt involves nothing more than the debt collector confiming in writing that an amount being demanded in what the creditor is claiming is owed, debt collector is not required to keep detailed files of the alleged debt nor there is any obligation to forward copies of bills, or other detailed evidence of the debt." Chandry v. Gallerizo, 174 F.3d 394 (Ma. Ct. App. 1999) and Stonehart v. Rosenthal, 2001 WL 910771 (S.D. NY 2001).

"Accordingly, the statements provided this correspondence complies with your request and the applicable sections of the FDCPA."

"If we do not hear from you within fifteen days from the date of this letter, we will refer your account to our counsel for further action."

They've attached computer generated statements detailing balances etc. but nothing that seems to answer to the requests made via the DV letter I had sent them.

As mentioned, they deleted the enquiry on the CR which I had issued a dispute with, however I don't think they touched the other CR which I had not yet issued a dispute with.

Any suggestions as to the next steps?

Thanks for you help!

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What up, Cooler and welcome...

I'm a newbie myself so my help will be limited, but there are some very knowledgeable people here. One thing is for sure though--you will need to supply much more information about the history of this account. Relevant dates, prior contacts, etc. will increase your chances of being helped.

Good luck,

Ray

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I'm interested in the responses for this. I received a response on DV from CA with a computer-generated account which leads me to believe that they have no other information. The other account I DV to them came back with a fax of the account from OC. I'm a newbie too. Check out me catching on to the lingo most times, I have to go back to the instructions to understand the posts!

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I'm not sure I undestand what you are upset about. They took it off your CR, which is a huge lift. If you

Is this your account or not? If no, write them back and tell them so.

I do not think you will hear from a lawyer on this, so keep the letter, it could be worth a violation ( threatening to take action it does not intend to take). If you do, you DV the lawyer. But remember, the laundry list of things on teh form letters here are helpful but noy mandatory. And it doesn't matter what they send if you don't state a reason for disputing. Just don't say " You haven't proved it's mine!!!" THey don't have to.

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