second dv letter help.

[craft_momma]

I have written the first dv and said, I request a debt validation, I don't recognize this account. I also request name and address of the original creditor. What I got back was. The original creditor name and that's it. How should I write the second letter?

[MadinKS]

Did you DV within the first 30 days or is this an old account you just found on your CR? Also, have you disputed this TL w/the CRA's? If not, do it now. If it's within the first 30 days and they didn't validate, but still reported it, it's a violation. Just reporting the TL to the CRAs is considered collection activity. If it's not within the 30 days, at the very least, they need to add a statement to your CR that says it's being disputed. If they don't they're in violation of the FCRA.

Your next letter should be more forceful and give them the impression you're the most knowlegeable consumer on planet Earth (w/CIC's help you may just be) and you are not playing games w/them. Here is a sample you can add/take away from to get you started. Don't, however, just send this out without putting your own words to it. It is a sample from the internet and they've probably seen it, or one like it, a lot.

Dirtbag Collectors

PO Box 666

Anywhere, USA 00000

Re: Acct # XXXXXXXXXXXX

To Whom It May Concern:

On February XX, 2007, I sent you a request to validate my debt under the Fair Debt Collection Practices Act and all I received was an “account statement” of the alleged charges you claim I owe you. This is nothing but hearsay, and does not meet the Federal Trade Commissions guidelines of what constitutes proper debt validation.

Your “account statement” on your company’s letterhead proves nothing. You have not shown me a statement from the original creditor, any payment history, or any accounting of all of how you came up with the amount you claim I owe. For all I know, you made up numbers and reported them.

I notice that you are still reporting this collection on my credit report, which is considered to be a collection activity. You are now in violation of the FCPDA, and are now subject to fines of $1000, plus actual damages and attorney’s fees, which I may collect from you by filing a claim in small claims court.

I expect you to immediately to answer to the validation request that you still have not satisfied.

GIVE THIS LETTER THE IMMEDIATE ATTENTION IT DESERVES. I expect to hear back from you within 15 days.

Sincerely,

[craft_momma]

yes, I disputed before my 30 days was up. And this account isn't at all on my cr. What they are claiming has to be 10+ years old, because I haven't even had a credit card since then. Thank you for the sample letter. I will be able to build on it. If you have anymore advice, I'm all ears.

[MadinKS]

Sorry, just found that I hadn't responded. If you haven't sent the second DV, and your sure it's 10 yrs. old, I would send them an C&D/FOAD letter and tell them it's time-barred from reporting. If they report it you will sue. They should listen to that, and if they don't, report it to your AG, FTC, BBB, and find a lawyer to sue. Good luck.