DV'ing JDBs

[flak88mm]

how does DV work with JDBs? do they have to contact the OC or the CA they acquired the debt from?

[rmuse00]

If you are requesting an investigation you have to first disptute with the CRA's. You can read more about that here.

[Feel violated]

how does DV work with JDBs? do they have to contact the OC or the CA they acquired the debt from?

First, you have to realize that doing a DV is your LEGAL RIGHT for 30 days. Don't ho hum that time away. And one thing a DV does is let them know that you understand something about your legal rights which puts you ahead of most other people who understand nothing about their legal rights. I can only say, this forum is a great way to get up to speed on what your legal rights are.

Second, understand that a DV is far more poker game gambling than it is chess. They played the first card by presumably contacting you and saying you owe. At this stage you don't know much about them and they usually don't know much about you. The DV is a way to look at their cards without revealing what your cards are. But a DV then opens up what amounts to a decision tree for you.

Third, understand that their return Debt validation is only valid if they can validate it with the OC. Failing that, they can contact the party they bought it from, that party can then contact the party they bought it from........................, and maybe at the end of that rainbow they can get back to the OC. But no back to the OC gold standard, no valid validation.

Forth, if you are dealing with a junk debt buyer, about 99% probability, they can't or will not

try to go back to the OC on the first try. So chances are, they will try to sneak non OC crapola past you by simply repeating what their first contact said. So your first $5.50 or so DV request sent CMRRR is just the opening ante in the poker game. So in event of crapola, you need to put in another DV letter equally expensive poker chip, saying in effect, this does not remotely resemble debt validation.

And after that it may or may not stalemate. They will try, at a minimum, to camp out on your credit rating until the 7 year sol expires. Or they may resell the debt in which case you deal with a new JDB. Or they can sue and gamble they can win. Or you may negotiate a settlement. Or you can decide your position is strong enough to get aggressive as I did, and force them to kill the debt either with courts or by making it prohibitively expensive to go after you.

But figure 2 DV's minimum. And then going after the CRA's if they fail to validate.

But its always a little bit of gamble, you can control you, but you can only make informed guesses about what another entity may decide to do. And thats the chess game part of it

in limiting what they can do.

[flak88mm]

First, you have to realize that doing a DV is your LEGAL RIGHT for 30 days. Don't ho hum that time away. And one thing a DV does is let them know that you understand something about your legal rights which puts you ahead of most other people who understand nothing about their legal rights. I can only say, this forum is a great way to get up to speed on what your legal rights are.

Second, understand that a DV is far more poker game gambling than it is chess. They played the first card by presumably contacting you and saying you owe. At this stage you don't know much about them and they usually don't know much about you. The DV is a way to look at their cards without revealing what your cards are. But a DV then opens up what amounts to a decision tree for you.

Third, understand that their return Debt validation is only valid if they can validate it with the OC. Failing that, they can contact the party they bought it from, that party can then contact the party they bought it from........................, and maybe at the end of that rainbow they can get back to the OC. But no back to the OC gold standard, no valid validation.

Forth, if you are dealing with a junk debt buyer, about 99% probability, they can't or will not

try to go back to the OC on the first try. So chances are, they will try to sneak non OC crapola past you by simply repeating what their first contact said. So your first $5.50 or so DV request sent CMRRR is just the opening ante in the poker game. So in event of crapola, you need to put in another DV letter equally expensive poker chip, saying in effect, this does not remotely resemble debt validation.

And after that it may or may not stalemate. They will try, at a minimum, to camp out on your credit rating until the 7 year sol expires. Or they may resell the debt in which case you deal with a new JDB. Or they can sue and gamble they can win. Or you may negotiate a settlement. Or you can decide your position is strong enough to get aggressive as I did, and force them to kill the debt either with courts or by making it prohibitively expensive to go after you.

But figure 2 DV's minimum. And then going after the CRA's if they fail to validate.

But its always a little bit of gamble, you can control you, but you can only make informed guesses about what another entity may decide to do. And thats the chess game part of it

in limiting what they can do.

but mine is untimely...

[rmuse00]

but mine is untimely...

flak88,

You need only refer to the law for your a response to your comment......

The law does not say if it's after 30 days of receiving initial communication a consumer cannot dispute anymore. It says if within 30 days the consumer disputes the debt collector must cease all collection activity, etc...read below. Also, take note the last section says...if consumer does not dispute within 30 days this cannot be taken as consumer accepting liability.

My opinion...if I have an account on my report that is undeniably NOT mine but don't realize it until years after, and I don't receive any written correspondence you can bet I will dispute until it is off MY report. Even if it means having to go to court! It's MY report nothing but accurate information that pertains to MY credit history will be on there, with exception of course of any debts that might legally link me to my spouses debts, and that too, is the law per FCRA.

§ 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.

(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.