Winspear Posted December 2, 2007 Report Share Posted December 2, 2007 Hello everyone, first-time post here! I was wondering about the benefits verses the risks of DV'ing your CA's? It seems to me that in some cases it can be very helpful, but in other cases it can anger the CA to step up the legal process against you.In some of the posts I read that their DV to the CA was replied with a court summons (which I think would be violating the intent and purpose of the DV).Some of the posts said that after DV'ing they never heard back from the CA again... With this in mind, I am curious to see what the percentages are in relation to the CA ignoring your DV verses swifter and harsher legal action against you? :confused:Thanks for your time and help! Link to comment Share on other sites More sharing options...
willingtocope Posted December 2, 2007 Report Share Posted December 2, 2007 Look at it this way...I'm calling you and writing you saying I know you had an account with World Famous Credit card company and you owe them $14587/. I'm collecting it. Send me the check.Would you?Yes, you have to be prepared for the CAs that break the law and continue to collect (including bringing a law suit) without providing you with proof...but, the FDCPA is intended to give you at least a little protection from the people that will try to scam you out of money. Link to comment Share on other sites More sharing options...
myscoresawful Posted December 2, 2007 Report Share Posted December 2, 2007 Hello everyone, first-time post here! I was wondering about the benefits verses the risks of DV'ing your CA's? It seems to me that in some cases it can be very helpful, but in other cases it can anger the CA to step up the legal process against you.In some of the posts I read that their DV to the CA was replied with a court summons (which I think would be violating the intent and purpose of the DV).Some of the posts said that after DV'ing they never heard back from the CA again... With this in mind, I am curious to see what the percentages are in relation to the CA ignoring your DV verses swifter and harsher legal action against you? :confused:Thanks for your time and help!If it is within the initial 30 days of contact, they are *suppose* to cease all collection activity (filing suit would be a collection activity), so if they do anyway, it's a violation that you can use later.If it is within the 30 days and they cease until they send you the *proof*, then there is nothing to stop them from filing suit.If it is past the 30 days, they can still continue to try and collect, HOWEVER, they MUST list it as disputed on your CR AND since they must report ONLY accurate info, then if they DON'T have proof, then they can not prove they are reporting accurate info and must stop reporting it....(this may take court action on your part by suing them....) They don't have to respond to DVs, but if they don't, you can send them an ITS if they still don't reply with proof, they probably don't have proof.they would also be stupid to file suit against you if they don't have any *proof* to show that you owe the debt.as for your question, I have disputed MANY debts on my CR and have never been served a summons as a result.How ever, after this last round I sent off last week, there is a first time for everything I suppose... Link to comment Share on other sites More sharing options...
kevin3344 Posted December 2, 2007 Report Share Posted December 2, 2007 When I first pulled my credit and found this site some years ago, I didn't know what a DV was. All I knew was I had to do something. If I got sued, well, I would deal with it at the time but my credit was so bad I had to do something. I was way outside the 30 day window but it didn't matter, I started writing letters. Didn't even send them CMRRR (as I would today of course). I would bet 80-90% of my COs fell off due to my DVing. AFNI, NCO, Park Dansan, you name it. For one utility company I wrote the BBB and they removed (not really a CA). For the most part though, I have had nothing but success. Link to comment Share on other sites More sharing options...
myscoresawful Posted December 2, 2007 Report Share Posted December 2, 2007 When I first pulled my credit and found this site some years ago, I didn't know what a DV was. All I knew was I had to do something. If I got sued, well, I would deal with it at the time but my credit was so bad I had to do something. I was way outside the 30 day window but it didn't matter, I started writing letters. Didn't even send them CMRRR (as I would today of course). I would bet 80-90% of my COs fell off due to my DVing. AFNI, NCO, Park Dansan, you name it. For one utility company I wrote the BBB and they removed (not really a CA). For the most part though, I have had nothing but success.AFNI?!Wow! you rock! Link to comment Share on other sites More sharing options...
Winspear Posted December 3, 2007 Author Report Share Posted December 3, 2007 Thanks for all the input!!!Have one more question on DV. I sent a DV to an attorney who is acting as a CA and he sent my DV letter to the OC and the OC send me proper DV. Does the reply have to come from the CA (lawyer) in order to comply with the FDCPA, or is it OK to get a response from the OC to satisfy the FDCPA rules?Am I to assume that the debt is still with the OC and they are using a lawyer to try to scare me into paying right away?? (By the way, the debt is mine, but we have a newborn and two small children-money is extremely tight right now--so much so we barely have enough to eat as it is). Just trying to weigh my options here... When it comes between food for my kids and paying a creditor, well, that's a no brainer...Thanks in advance for oyur help! Link to comment Share on other sites More sharing options...
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