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Incomplete DV

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Anonymous
Not applicable

Incomplete DV

If I get a DV back and they just include my last statements from my creditors but not the other documentation;

• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Professional Coll Consul purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Professional Coll Consul and myself, signed by me, stating that I have a contractual responsibility to Professional Coll Consul for the alleged debt
• Provide proof that Professional Coll Consul is bonded/Licensed for debt collecting in the State of Your State

Can I then contact CRA and say I was not supplied FULL DV?
Message 1 of 5
4 REPLIES 4
ngerasimatos
Valued Contributor

Re: Incomplete DV

Technically, statements from the OC is actually considered to be sufficient.
Try not to become a man of success but rather to become a man of value
Albert Einstein 1879 - 1955

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Message 2 of 5
fused
Moderator Emeritus

Re: Incomplete DV

This is hardly validation.
Message 3 of 5
Anonymous
Not applicable

Re: Incomplete DV



@fused wrote:
This is hardly validation.





I agree. I drafted a PDF letter based in part on that;

To Whom It May Concern:

This letter is to inform you that the validity of this debt is disputed.

For one thing, you did not provide me with full Documentation as you are required to, among the missing documents:

• Copies of all signed vouchers from the date account was opened until default
• Signed credit application between myself and the original creditor
• Copies of all statements from the date account opened until default
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Professional Coll Consul purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Professional Coll Consul and myself, signed by me, stating that I have a contractual responsibility to Professional Coll Consul for the alleged debt
• Provide proof that Professional Coll Consul is bonded/Licensed for debt collecting in New York State

In any event, this is a time-barred debt (and has been so for at least two years) and any attempt at legal action will be responded to and counter-sued as such.

In the spirit of compromise and to save further wasted time and effort on our respective parts, I am willing to pay three hundred dollars ($300) on this account if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion).

The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.

If you agree to the terms and accept this agreement, certified funds for the settlement amount of three hundred dollars ($300.00) will be sent to Collection Agency in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.

Collection Agency agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, Collection Agency will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. Collection Agency agrees to never report this account again to any collection agencies, to not sell the account to another Collection Agency or third-party, or to take any legal recovery action in the future. Payment is considered full satisfaction of the debt in perpetuity.

If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Collection Agency. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.

Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.

Please address all correspondence regarding this account to:
Message 4 of 5
fused
Moderator Emeritus

Re: Incomplete DV

This is the minimum required to validate:
 
- A copy of the original and signed loan note or credit card app

- A complete payment history that begins with the original creditor 

- Proof that the collection company owns the debt or it's been assigned to collect the debt

 
Message 5 of 5
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