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christophera

Worth a DV letter with goal of repairing credit report?

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Hi all,

 

I have an old debt (about $6000) from a Chase credit card, the collection has been placed with Calvary Portfolio. Calvary has not harassed me about it. Just a letter or two in the last 6 months.

 

I think it is time-barred Last payment was on 9/2010, I'm in Florida. I've read conflicting info on the Florida SOL, either 4 or 5 years.

 

I'd like to repair my credit report and this is the only negative item on it. I can not afford to pay for delete, but would certainly like to start afresh. It is estimated to drop off my credit report on 8/2017.

 

It is worth sending a debt validation request to Calvary to see if they have what is required and ask them to remove it from my credit report if they don't?  

 

Considering it is Chase and them, I would expect they would be very organized and have what they are required to, no? 

 

If I send a DV letter, might I be opening a can of worms and end up later regretting that I stirred the hornet's nest, since they are currently leaving me alone except for the bad credit report? 

 

Thanks for any thoughts on this.

 

 

 

 

 

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A DV letter should really only be used in response to a first collection letter from a CA.  There is no legal authority forcing any collector to respond to your letter otherwise.  They will simply ignore it or send the same colleciton letter you would get anyway.  They would not be required to remove this from your credit reports.  If you want to challenge it, you must send a proper dispute to the CRAs.

 

Since this is Calvary, there is a high probability that they are violating some type of consumer law.  If you can find it and document their violation, then a federal lawsuit can make them go away pretty easily.

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Oh, that's interesting. I figured since they were so big they would have all their t's crossed and i's dotted. 

 

I though the DV would help me root out if they didn't have what they were required to have. But not the way it works, huhm...

 

Since they haven't really harassed me about it (to my surprise), what could they be violating, and how would I find out about it? 

 

Thanks for your help with this. I really appreciate it.

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Oh, that's interesting. I figured since they were so big they would have all their t's crossed and i's dotted. 

 

I though the DV would help me root out if they didn't have what they were required to have. But not the way it works, huhm...

 

Since they haven't really harassed me about it (to my surprise), what could they be violating, and how would I find out about it? 

 

Thanks for your help with this. I really appreciate it.

 

The biggest JDBs are also some of the biggest FDCPA violators (the small handfull of people who know how to assert their rights properly, document their violations and sue them for it are easy for them to throw a couple thousand dollars at to go away, so it's nothing to them - just the cost of doing business as far as they are concerned).

 

They have no legal obligation to respond to a DV unless the DV is sent within 30 days of their first dunning letter to you.  And even then, their response does not have to disclose even a fraction of the information they may have on your account.  This is only required to be presented to you during a lawsuit discovery.

 

The first place I would start is with your own credit reports.  I would get copies of all 3 reports.  I would get hard, paper copies in the mail directly from the CRAs.  This will give you the best and most complete information of what is being reported.  The easiest place to find violations is to see what they claim the current balance is on your credit reports and compare that to what the OC said the balance was at the time of charge off.  I would also compare their reported balance with their own collection letters they may have previously sent to you.  If the balance does not match somewhere, then there is the possibility of illegal fees or interest being added - or just a simple violation of misrepresenting the amount and confusing the consumer.

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If I were you I would not have tried to shy away from the obvious. It is only 6 months and that's why the collection agency is not going harsh. But that desn'y mean it will not hurt. However, try to build on new good score so that with passage of time the negativity of the bad credit report inclusion will become less important.

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