seven Posted July 8, 2008 Report Share Posted July 8, 2008 Got a collection company on my credit report that hasnt reported or updated since early 2007. Thinking if I dv it may awake the dog and maybe if I just dispute it they will not respond and it is gone from my cr with ease...... any advice on this? Link to comment Share on other sites More sharing options...
hiblues Posted July 9, 2008 Report Share Posted July 9, 2008 a proper and timely DV is executed within 30 days of first contact..because this is on your CR since 2007, it's very likely that they sent adunning to your last known address...meaningthe 30 day window is long long gone....youcould argue that you never received it,butthat is impossible for you to prove...in other words,forget the DV...but first,who is the CA?Who is the OC?is it assigned or bought?what is the DOFD?how much is it for?can you pay it in full? (for delete)can you wait it out until this just drops off?what is the SOL in your state?are you a candidate to be sued? ( steady job, steady residency or property and how many other collections on your CR) Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted July 9, 2008 Report Share Posted July 9, 2008 First of all, it sounds to me as if you are asking “credit repair” advice; not advice on dealing with a collection’s issue…if so, I would suggest you would be better served by asking this in the specific credit repair section of the board.If your goal is simply to “clean your credit” then you probably want to use what is commonly referred to as the “1, 2 punch” and if you do some searching, you’ll find a lot of information about it; most if it in the credit repair section of the forum.Moving on; what specifically is your goal…what are you looking to accomplish?If it’s to settle the debt and/of if this debt is your debt (or you think it may be) and you may actually want to pay it then be all means, use the DV process…that’s what it’s for. At a minimum, you need to know if the debt is your debt, if the amount they claim is owed is accurate and if this CA actually has the right to collect this debt…then and only than can you make an informed decision about paying or not paying, how much to pay, etc.With all due respect to hiblues, the “30 day window” is immaterial…if you need information then the process to use is the DV process…if the CA refuses to provide the information then you don’t pay them.As mentioned, you absolutely DO need to consider such things as the SOL for this debt, the DOFMD (so you know the appropriate reporting period and when it will be removed from your bureau of its own accord) and how much this debt is for…you need to be ready for any possible outcome before you can decided if this is a fight you want to take on. Link to comment Share on other sites More sharing options...
LeslieR Posted July 9, 2008 Report Share Posted July 9, 2008 With all due respect to hiblues, the “30 day window” is immaterial…if you need information then the process to use is the DV process…if the CA refuses to provide the information then you don’t pay them.I agree completely. Before these boards and before I had no familiarity with applicable laws, if I would have pulled my credit and seen something that was amiss or unfamiliar, the first thing I would have done was write a letter. It's just business. People seem to get wrapped up in the particulars of this "process" and forget common sense. When you have a customer service problem or are dissatisfied with something, you write a professional letter. You keep it short and you write it well. You do it at any point that the problem arises. You know that nothing is guaranteed. You consider your Plan B. And then you see what happens with your Plan A (Letter).You take proactive (or in some cases, reactive) steps to problem-solve. If you don't try to problem-solve, all that will result is a lingering problem. Link to comment Share on other sites More sharing options...
hiblues Posted July 9, 2008 Report Share Posted July 9, 2008 let me clarify my DV position...you could send the CA a letter of disputeand request validation at the same time if you want.The DV is possibly the ""magic bullet"" if done in the 30 day window....otherwise,and CA's know the DV process is a tactic used bycredit repair ""pros"" to wiggle out ofdebt,andI have read that ithas prompted the CA to sue on a dormant debt,so demanding a DV after the 30 day windowhas the potential to backfire.but first,who is the CA?Who is the OC?is it assigned or bought?what is the DOFD?how much is it for?can you pay it in full? (for delete)can you wait it out until this just drops off?what is the SOL in your state?are you a candidate to be sued? ( steady job, steady residency or property and how many other collections on your CR) Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted July 9, 2008 Report Share Posted July 9, 2008 let me clarify my DV position…..I fail to see anything “magical” about the DV process whether initiated within the initial 30 days of contact or not…either a CA will respond or they won’t regardless of the timeliness of the DV.I also consider it immaterial that some (perhaps even many) consumers have perverted the DV process into a way to escape paying legitimate debts…perverted or not, the DV process is the proscribed process under Federal law by which the alleged debtor can obtain information about the debt when a third party collector is involved…unless or until congress changes the law, it’s the tool we have; there is no other.I don’t doubt what you’ve read but I do very much doubt that a creditor ever decided to initiate a lawsuit for a debt only because the consumer requested validation - there is little or nothing to be gained by the creditor in doing so if that's the only reason for it!After all, if the creditor has enough information to prove their case in court; they surely have the information needed to properly respond to a validation request…plus, moving into court does not save them from the obligation of providing information (in fact the burden to do so is increased) nor is it inexpensive to file. Also, no matter how good a “case” the creditor feels he has, getting the outcome desired from going to court is always a crap shoot at best.I would suggest that any creditor that would file suite for such a flimsy reason (receiving a DV) was likely, in my always humble opinion, probably planning to do so anyway or they wouldn’t be so quick to pull the trigger.Not requesting validation because it might “backfire” seems to me a little like being afraid of the dark…sometimes being afraid of the dark is reasonable but generally, it’s just a waste of time and only serves to keep a person from doing what needs to be done. Link to comment Share on other sites More sharing options...
seven Posted July 10, 2008 Author Report Share Posted July 10, 2008 I got it. I was just over thinking this one. I went ahead and sent the DV will wait for the green card and then I'll fire off ms disputes to the CRA's..Thanks guys Link to comment Share on other sites More sharing options...
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