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DV Letter- Include Personal Information?


Strongbad
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I have received an email alert today that there has been a change in my credit report. I found out that RJM Acquisitions Funding LLC has reported that I owe them some money.

I have never heard of this company and have never received anything from them.

I am sending them a DV but do not want to give them any information such as social security number or phone number. I am willing to give my name and address but no more.

Although, they must have my social security number already since they were able to get on my credit report.

Is this enough information for them?

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Did you see whether they've done a soft pull of your CR? If so, then they've seen everything on your CR already. If not, then they certainly have your name, address, phone, SSN and probably an account number.

Include in your DV letter anything about the TL that appears on your CRs. Check all three CRs. TU tends to show complete account numbers whereas EQ and EX tend to truncate.

Do include your SSN. Since they put the TL on your CR, then they've got your SSN. But you don't need to include your phone number or anything else.

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They show up on Experian but not the others.

I am not sure how to tell whether they did a 'soft pull' of my CR. My CR alert has them under 'Public Records' but when I look at my full report they are not in my public record but rather under account history.

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I am not sure how to tell whether they did a 'soft pull' of my CR.

Duh, I brain cramped. Either a hard or a soft pull, they'd still have your info.

If they are listed in the inquiry section of your CR, then they pulled your report. There are two kinds of pulls--hard pulls and soft pulls.

On your EX CR, hard pulls are listed under "Requests viewed by others" while soft pulls are listed under "Requests viewed only by you".

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  • 2 weeks later...

I sent DV letter via certified mail and got a response letter.

First, they state that "We are your new creditor" and that they have recently purchased my account. They have my name, the bank's name, account number and my social security number.

In the DV, I told them to prove its not past the SOL and they did not mention it. I had this bank account back in 2001 and closed it back then.

They did not address my inquiry whether they have a surety bond in Texas as CA collecting in the state must have, and that a computer printout is not sufficient(which is what they gave me).

Then they go on to give me the 3 opportunities to pay them back.

Do I press them on SOL and surety bond? They are still on my CR.

Any help would be appreciated.

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I sent DV letter via certified mail and got a response letter.

Was this the first written communication you received from them? Did it contain items 1 thru 5? If not, violation.

http://www.creditinfocenter.com/legal/FDCPA.shtml#809

In the DV, I told them to prove its not past the SOL and they did not mention it.

FDCPA doesn't say they need to do that.

They did not address my inquiry whether they have a surety bond in Texas as CA collecting in the state must have

So? Check 'em out yourself. If they don't have a bond, they are in violation.

http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

a computer printout is not sufficient(which is what they gave me)

Agreed.

Then they go on to give me the 3 opportunities to pay them back.

That's good for you. If they persist in trying to collect without validating, you have 'em on another violation.

Do I press them on SOL and surety bond?

Why help 'em out and let 'em know that you know your rights? SOL in Texas is 4 years, for anything, right?

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml

Sounds like they cannot sue and they are perhaps already in violation.

Do some more searching and reading.

http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=445502&postcount=4

http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=567042&postcount=13

http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=762039&postcount=3

Keep following the DV flowchart. Read Dive's primer.

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RJM is a JDB who folds easily, as they buy mostly SOL debt.

Send them a C&D telling them to close, delete, and go eat Maggot Droppings. Remind them they are still a CA, by statute, the debt is timebarred, and they have no legal recourse to the debt. Then go on to say that their attempt to collect on a SOL debt is actionable under FDCPA 807(2)(A), and/or any state law that may apply (check your state for proper section, if any). You do have other violations, but, since federal only allows "per action", all would count as one. Yes, you can include them, for reference. If you have a state that allows different, use it.

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