DV response - CA asking me for OC's name

[acburl]

In my DV letter i provided my name, address, and account number(#1234XXXX) as it says on my credit report. The response from the CA is asking me for the account number I have for the CA and the name of the OC and it's account number.

 

Is this not what they should be providing me to validate my debt? 

Should I respond or wait until the 30 days is up?

 

Thanks.

[BV80]

@acburl

 

You sent a DV because you found the CA's entry on your CR?  If that's the case, they are not required to validate. 

 

Debt validation is based upon the FDCPA.  You must send a DV request within 30 days after receiving the 30-day validation notice.  That notice is usually contained in a CA's first collection letter.    If you send a DV at any other time, they're not required to respond.

 

If you want to dispute the entry on your CR, dispute it with the credit reporting agencies.   If the entry is verified, then send a letter to the CA disputing the entry.

[Torden]

They are never required to respond to a DV.  Instead, they are required to NOT pursue collection until they do respond, for cases where the DV was sent within 30 days of their first collection communication.  But did they communicate?  Not directly, so it's not likely to win in court if you sue them for violating.  That's because their lawyers will be involved.  But in the mean time, lawyers are not involved.  So it is possible they may well react like it were a valid DV.  Maybe.

[acburl]

@BV80

So after I dispute with the CRAs I can begin disputing with the CA, but doesn't the fact that they are asking me to give the the name of the OC's name tell you that they have insufficient information of this alleged debt?

@Torden

I don't have any knowledge or record of them communicating with me. I pulled my credit report and saw the account. I then sent a dispute with the CRA and CA. I don't think that any lawyers are involved at this point.

@BV80 and Torden

Thanks for the responses. I'm new to all of this and any advice is much appreciated.

[BV80]

@acburl

 

I agree that you shouldn't have to provide the name of the OC to the CA.

 

First, see what happens when you dispute with the CRAs.  If the CA truly doesn't know the name of the OC, they shouldn't be able to verify the entry after they hear from the CRAs. 

 

If the entry is verified, I would send a "method of verification" request to each CRA for which the entry was verified.  A method of verification request is based upon 1681i(a)(6)(B)(iii) AND 1681i(a)(7) of the FCRA.

 

Under 1681i, the CRAs have to let you know if an entry has been verified or not.  In that notice, they have to include the following.

 

1681i(a)(6)(B)(iii):

 

(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

 

If the entry is verified, you can send a request to the CRAs based upon the above.  It's an extra step to take to show you did everything you could do to dispute the entry.  Anyway, based upon 1681i(1)(7), they have to respond to your request.

 

(7) Description of reinvestigation procedure
A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)( B)(iii) by not later than 15 days after receiving a request from the consumer for that description.

 

After that, it the entry is still on your CR, then I'd send the CA a letter disputing the entry, and include a copy of the letter in which they ask you for the name and account number of the OC.  State that since they placed the entry on your CR and verified it with the CRAs, they should already know the OC's name and account number.  I would demand that they send me the name and account number of the OC.