Please help with DV question !!

[stephpapapdakis]

So I checked my credit report back in Oct. 08 and saw a collection account from CBSJ on there for $382 dating back to 2003. I sent them a DV letter on Nov. 3 2008 and got no response back. Then on Dec 3 2008 I sent them a follow up letter and still got no response back. Then on Dec 20th 2008 I sent them a "Remove or will sue" letter and sill nothing. My question is what should I do at this point? I just found out I was suppose to request a "method of verification" with the CB's but didnt do that. I did dispute the collections account but they came back as "Verified". I also pulled my credit reports today and dont see any changes to that account.

Please help and let me know what I should do. I was hoping this would go away with the DV method rather than really sue the agency.

Then in

[swirlgirl]

Never threaten to sue unless you really mean it. Also, you were not required to request MOV. It's an option, not a requirment. Most likely, it would not have helped anyway.

When did the original debt become deliquent? Is this a CC debt?

[misbhavn]

I would dispute with the CRA's again and include copies of all the letters and green cards you sent to the CA. Basically, I would ask how they are verifying this information when the data furnisher refuses to verify the information with you.

[RocWizard]

The FTC's opinion letter:

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

WASHINGTON, D.C. 20580

Division of Credit Practices

Bureau of Consumer Protection

Jeffrey S. Wollman

Vice President and Controller

Retrieval Masters Creditors Bureau, Inc.

1261 Broadway

New York, New York

Dear Mr. Wollman:

This is in response to your letter of February 9, 1993 to David Medine regarding the type of verification required by Section 809( of the Fair Debt Collection Practices Act. You ask whether a collection agency for a medical provider will fulfill the requirements of that Section if it produces "an itemized statement of services rendered to a patient on its own computer from information provided by the medical institution . . .” in response to a request for verification of the debt. You also ask who is responsible for mailing the verification to the consumer.

The statute requires that the debt collector obtain verification of the debt and mail it to the consumer. Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose.

As stated above, the statute requires the debt collector, not the creditor, to mail the verification to the consumer.

Your interest in writing is appreciated. Please be aware that since this is only the opinion of Commission staff, the Commission itself is not bound by it.

Sincerely,

John F. LeFevre

Attorney

Division of Credit Practices

END

This letter says it all - a printout is NOT sufficient evidence of a debt and the burden of proof is on the collector. Validating debts can be confusing because one never knows whether to seek out attention from the collector or to continue to hide. It all depends on your own situation. If you are already being hounded or hunted then you should do your best to make sure all of your rights are protected and followed by the debt collector and, check your credit report to be sure the agency is not abusing their right to check your credit (by hitting it many times with inquiries especially on an expired debt). Under federal law — the Gramm-Leach-Bliley Act — it’s illegal for anyone to: use false, fictitious or fraudulent statements or documents to get customer information from a financial institution or directly from a customer of a financial institution.

In your letter to the collector ask what services, or goods they provided for you???