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DV Response: Stall Tactic?


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I sent out a DV letter to CMI, who is attempting to collect on an alleged past due cable bill.

The first response was a letter on their letterhead stating that I owed them $ and the OC was the cable company, who turned the account over to them in 2005.

I send them back a response stating the letter on their letterhead was not sufficient and I was demanding PROOF the account was mine.

The response I got was:

"We received your correspondence and placed your account on hold for 3 weeks to allow them time to research the matter. You may contact them at the following address:"

I am thinking next is dispute with CRA?

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If they didn't send proper validation, then their first letter is a violation. If they have stopped collection efforts, then don't do anything. You did dispute with the CRAs already? Right?

-r

No, I just got the letter the other day. Not sure what to say to the CRA. Not mine?

was your dv timely? my guess is no in which case, they're doing okay. if you have disputed with the CRA's then your request for verification with the CA must include specifics of what you are disputing.

No, it wasn't timely. I DV'd after seeing it on my CR.

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CMI is a pain in the rear. The only way I managed to get them off my report was to go through the OC (who was also a cable company). My position was that I had been with the same cable co. for over 14 yrs, although we had moved several times, but the accounts were always transferred---we were even in fact a current customer of same cable co at the time I was disputing the account. The amount confused me, since it was piddly (around $50), and we've always had all the bells and whistles. The OC determined that yes in fact we did have a balance owed, but that somehow it had not been transferred. I even got an apology letter on top of the delete.

I went round and round with CMI before going to the OC. Basically played the dumb card, and explained why I was so confused. Let them know that as a long standing customer, yadayada, and offered to pay in full any balance owed if there was in fact a balance owed.

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No, I just got the letter the other day. Not sure what to say to the CRA. Not mine?

No, it wasn't timely. I DV'd after seeing it on my CR.

If it wasn't timely, you need to dispute with the CRA's first. As far as how to dispute.. If you have never done business with CMI, how do you know it's yours. IMO, I would go with "not mine". CMI will probably verify, they did for me with a cable company also.

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If it wasn't timely, you need to dispute with the CRA's first. As far as how to dispute.. If you have never done business with CMI, how do you know it's yours. IMO, I would go with "not mine". CMI will probably verify, they did for me with a cable company also.

So far their "verification" has been a letter on their letterhead stating the amount I owe. I guess the second notice was to get any billing statements from the cable company.

Did you pay it after verification?

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You should always pay your cable bill.

-r

Duh. :)

If/when the OC verifies this account, I will contact them directly and offer to pay. However, paying the CA will resort in a paid collection and I'll be no better off.

I've had no trouble with getting new cable service with a different company...

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Duh. :)

If/when the OC verifies this account, I will contact them directly and offer to pay. However, paying the CA will resort in a paid collection and I'll be no better off.

I've had no trouble with getting new cable service with a different company...

I was being a bit tongue-in-cheek, I work for a cable company. :D

-r

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I recently sent out a validation letter to CMI myself and got back the reply of:

"the above client has informed CMI of your outstanding balance of $xxx.xx. Please send payment in full to the above address."

That is it. Two lines!!!!!

It sounds like they are going to be a pain.

Ashley

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This is for gas service I never got....I called to have service put into my name when old roommate moved out. I believe it was a tuesday for service to start on sat. The new roommate was splitting utilities with me. He couldn't get approved for one of the others so we switched this one to his name ( on wed) before service was ever started (on sat) in mine.

It's for $97 and has been turned over to CA who I DV'd and this is the response.

Dear SC,

We are unable to conduct a reasonable investigation in response to the notice we recieved disputing or questioning the above captioned account because you failed to provide sufficient information to investigate the dispute as required under Section 623(a)(8) of the Fair Credit Reporting Act. Under that section, you are required to provide us with a notice that:

-Identifies the specific itiem of information that is in dispute

-Explains the basis of the dispute; and

-Includes all supporting documentation required to substantiate the basis for the dispute.

All inquries and/or correspondance should be directed to this office. Send letters reguarding accuracy of debt to us at

MAF Address...Etc.

you may contact us at #

Sincerely,

Account Representitve (seriously not even a name)

We hereby provide the following statement to comply with potentially applicable statues:

This communication is from a debt collector. this is an attempt to collect a debt and any information obtained will be used for that purpose.

DETACH AND ENCLOSE WITH CORRESPONDANCE

Beneath this was remit for payment.

OK QUESTIONS............

They seriously want me to do all the legwork for thier validation?

Is this really required or are they stalling ??

They verifed with CRA......and can't even prove that infinate energy provided me service from what they sent me......listing of CS Blog.

what now???

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OK QUESTIONS............

They seriously want me to do all the legwork for thier validation?

Is this really required or are they stalling ??

They verifed with CRA......and can't even prove that infinate energy provided me service from what they sent me......listing of CS Blog.

what now???

This is really what is required under the FCRA.

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  • 2 weeks later...

always try to be timely with your responses to ca's but check out the last sentence of fdcpa ©§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

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Okay, just checking to get opinions on my next step.

The OC sent copies of billing statements. HOWEVER, my last name is incorrect and spelled wrong. My ex-husband had an account with them.

I want to write and ask for proof that the account was in fact mine. But, I don't know what the OC does or doesn't have to do in this case as they are not reporting and don't fall under the FDCPA guidelines. (Right?) If they refuse then I would offer to pay if they recall from collections.

Should I just skip it and offer to pay? Amount is $109 and the account is 2 years old.

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Okay, just checking to get opinions on my next step.

The OC sent copies of billing statements. HOWEVER, my last name is incorrect and spelled wrong. My ex-husband had an account with them.

I want to write and ask for proof that the account was in fact mine. But, I don't know what the OC does or doesn't have to do in this case as they are not reporting and don't fall under the FDCPA guidelines. (Right?) If they refuse then I would offer to pay if they recall from collections.

Should I just skip it and offer to pay? Amount is $109 and the account is 2 years old.

Is the name spelled incorrectly or completely not your name and spelled wrong? Is this truly your account? If it is, they would probably win if it went to court and they know that so the chance they are going to pull it back is slim. So if I'm understanding this correctly, only the CA is reporting right? Are they reporting absolutely correctly?

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Is the name spelled incorrectly or completely not your name and spelled wrong? Is this truly your account? If it is, they would probably win if it went to court and they know that so the chance they are going to pull it back is slim. So if I'm understanding this correctly, only the CA is reporting right? Are they reporting absolutely correctly?

I honestly don't think this account is mine. I had another account with a different cable company in a different city, but don't think I had one with this company. The name is a mispelling of my married name - which is no longer my legal name.

The CA reports a different amount than the OC is telling me I owe.

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I too am dealing with CMI for a cable account that I believe my ex got in my name. They just sent me the EXACT same letter.... Account balance on a letter head on one letter, "give us 3 weeks.." on another letter, both of which I received on the same day. But they also validated with CRA in the mean time, this sound like a violation? Anyone have a good letter they've written for this?

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