credit2013

DV by Phone with CA, what happened next.

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I was actually at my computer preparing a basic DV letter to be mailed CMRRR when my phone rings. As it was the local prefix for my area code I answered the call and low and behold it was the CA that I was about to send the DV letter to. I asked for the persons name and ID number which was provided. The Rep.started to ask about an alleged debt when I stopped him and stated I was unaware of any debt and that I am requesting validation of this alleged debt. The Rep. stated that they would mail out validation within the week.

 

This morning I received an email alert stating that the same CA had placed an inquiry on my credit report. This was done after the call where i requested validation.  Any idea on why the CA made the inquiry?

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They want to see if you have anything that they can sue you for. I would not bet on that phone DV until you receive it. They have 5 days to get a letter to you. Then it's a violation. Just be prepared to send a SHORT simple DV letter in five days. Don't forget to tell them that "ALL phone calls to any number are inconvenient and you retract any prior authorization for the to call you at any number".

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A valid DV request must be made in writing.  The CA may send validation, but they don't have to do so.  You need to send your letter.

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Exactly.  "if it ain't in writing, it didn't happen".  If you've got their address, send the DV letter now...CMRRR.

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A valid DV request must be made in writing.  The CA may send validation, but they don't have to do so.  You need to send your letter.

It's not about whether they have to send validation ... they do not have to no matter what.  It's about whether they must stop attempting to collect until they validate.  They don't have to unless it is in writing.

 

Further, they could try to collect, and then when you sue for a violation, they can deny they received a written DV.  That's why they must always be sent by CMRRR.  While CMRRR is not required by law, it is essential to maintaining a legal evidence trail.  SO always do CMRRR.

 

So send that DV via CMRRR.  The only reason to wait is if you are curious if they will actually send validation from your verbal request.

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What type of things would they look for that might make them decide to sue?

If the account is still owned by the OC, they may be looking at the rest of the debts you owe...trying to get some feeling for whether or not you have assets or income worth pursuing.  Same thing if the account has been sold to a JDB.  On the other hand, if it was an inqiry br the CA, they may just be trying to decide if you are worth hassling, or if they should just hand the debt back to the creditor.

 

And...on the other hand...who knows?  some OCs and JDBs sue just to make themselves look important.  There arre no real guidelines..

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It's not about whether they have to send validation ... they do not have to no matter what.  It's about whether they must stop attempting to collect until they validate.  They don't have to unless it is in writing.

 

I understand that.  My statement was in response to the fact that the OP made an oral DV request which I pointed out was not a valid request..

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More or less, thats what I told the OP. He needed to DV, but, if he wanted to rack up a violation, wait the five days to see if he got his letter from them....

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I understand that.  My statement was in response to the fact that the OP made an oral DV request which I pointed out was not a valid request..

It could just be they say that so people don't send a written DV.  It's the written DV that makes them have to stop collecting until they verify.

 

Send a written DV, at least before the 30 days are up.

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