Jump to content

About to DV a JDB - any advice?


Blinkybambam
 Share

Recommended Posts

So long story short - someone ordered ~$100 worth of merchandise in my name a few years back at my old address (months after I moved to a different state - I have this documented with my insurance being transferred there, etc.), and I recently received a letter from a JDB requesting that I pay this.

 

If this were mine, I'd definitely settle it as I don't want it going on my CR - but it's not mine. I wrote the letter and explained that it's fraudulent and that I was no longer living at that particular address... and I put my phone number in the letter.

 

So my questions are:

 

1) Are they allowed to call me between the time I send them the DV and the time they 'validate' the debt? - I've been successful in the past with suing JDBs but I'm a little unsure of this tactic.

 

2) This debt is legitimately fraudulent... if they come back and say it's 'verified', what's my next step?

 

Thanks for all your help!!! Just need a little advice before I send this DV out there :D

Link to comment
Share on other sites

You need to literally, in some way, demand validation.  You can send other letters before and after that.  But get a "keep it simple" DV in, via CMRRR, within the 30 days from first communication.

 

If it's past the time to DV, you can still do an ordinary dispute letter at any time.  Do that by CMRRR, too.  Once they have the dispute, any credit report information they provide, including any validation they do in response to a dispute you make to the CRA if there is an item already there about this, must include the fact that the account is in dispute (and is another area they could violate if they screw up).

 

Apparently you knew about the fraud before this collector has come around.  Have you filed a police report about the fraudulent activity?  You should do so, if not.  It's just another badge, and item you can hit the CA with.

 

Who is the OC?

Link to comment
Share on other sites

Okay, I didn't know about this fraud before the collector contacted me, or I would have handled it. I should have stated that a little better in my original post.

 

I just got the letter stating that I ordered this stuff, and that's how I figure it's fraudulent - it states on the letter the dates it was delivered to my old address, and I wasn't even living in that state at the time. Methinks some new person moved in after me and for some reason just thought to do this? I don't know... it's still within the 30 day time period, so I'm going to do that tomorrow or Monday CMRRR.

Link to comment
Share on other sites

The letter stating that you ordered this stuff came from the collector as the initial communication?  Exactly how much was in the letter?  Did the name the retailer?  Did they itemize the stuff?

 

What was in the letter YOU wrote?  You've stated you gave them your phone number (bad idea, but you didn't know, yet).

 

Do you know what company this stuff was ordered from, and if so, did you ever order from that company before, or in any other way deal with that company, when you did live at that address?

 

Definitely do the DV letter now.  Simply say that you "demand the debt be validated".  They can legally validate the debt with very little information.  Demands for other information, disputes, are separate.  Definitely do all communications in writing, and via CMRRR.

 

Since you provided your phone number in the previous letter, you need to revoke that.  In a new letter, to be sent a week after the DV letter, inform them that "All communications by telephone are not longer convenient".  That's ALL this letter is to say to them.  Send it via CMRRR.

 

Get your credit report via the instructions on https://www.annualcreditreport.com/cra/order using the phone order system or the form to be mailed to them.  Do not order the online credit report.  You want to get it in writing.  Also, the online report does not include all the information you may need.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.