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Contributor
onmyway3161
Posts: 111
Registered: ‎05-13-2007
0

Question about DV Letter

I have 3 DV letters ready to go out in tomorrows mail. But I have been doing some research on the DV letters and I have some questions. I read that the letter has to be sent out within 30 days of the original letter from the CA. I just found these on my reports a few weeks ago. Also, I read that if you send DV letters that you are just opening a can of worms and that the OC will file judgement against you. My purpose in sending these letters is to find out who actually owns these accounts and if some of them are even my accounts. There are 3 CA's on my reports and two of them are reporting the same account twice, so I need some clarification on these. Should I send the DV letters or should I do something else?
Moderator Emeritus
Timothy
Posts: 9,252
Registered: ‎03-19-2007
0

Re: Question about DV Letter

If finding it on you CR was the first you have heard of it. That is when your 30 days starts.
DV away.

onmyway3161 wrote:
I have 3 DV letters ready to go out in tomorrows mail. But I have been doing some research on the DV letters and I have some questions. I read that the letter has to be sent out within 30 days of the original letter from the CA. I just found these on my reports a few weeks ago. Also, I read that if you send DV letters that you are just opening a can of worms and that the OC will file judgement against you. My purpose in sending these letters is to find out who actually owns these accounts and if some of them are even my accounts. There are 3 CA's on my reports and two of them are reporting the same account twice, so I need some clarification on these. Should I send the DV letters or should I do something else?



Established Contributor
beach123
Posts: 570
Registered: ‎05-02-2007
0

Re: Question about DV Letter

Sorry - had to bring this to the front.  So if all I did was dispute a debt from the CA within the 30 initial days - does that mean I do NOT have the right to request DV the next time I hear from them (7 months later)??
 
THanks!
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
0

Re: Question about DV Letter



beach123 wrote:
if all I did was dispute a debt from the CA within the 30 initial days - does that mean I do NOT have the right to request DV the next time I hear from them (7 months later)??


Statutes don't require any special language. If you disputed their claim, then that probably constitutes DV. Did you send it CMRRR?
Senior Contributor
Noah_Bodie
Posts: 4,635
Registered: ‎03-11-2007
0

Re: Question about DV Letter



onmyway3161 wrote:
I have 3 DV letters ready to go out in tomorrows mail.
...
I just found these on my reports a few weeks ago.


See my DV primer.
 
Since you just found these on your CRs, and if you were never contacted by mail, and if you never spoke with them on the phone, you can make a pretty good argument you are timely DVing them.
 
What state are you in? Look at the SOL in your state for CCs. Check the bankrate link under SOL.
 
Established Contributor
beach123
Posts: 570
Registered: ‎05-02-2007
0

Re: Question about DV Letter

Unfortunately, since this was the #3 CA within 3 months, I did not send that one CMRRR, just the first (2).  I am sure I was thinking this was nuts that all these CAs could be sending something for the same debt.  I did however include the copy of my original dispute when I responded to the S&C 7 months later along with the other (2) I had sent to the other (2) CAs CMRRR.
 
What was funny is that I never heard boo until 7 months later, received the S&C.
 
The law should have the same requirements for proof of receipt by both sides.
Moderator Emeritus
Tuscani
Posts: 6,182
Registered: ‎03-29-2007
0

Re: Question about DV Letter

Do you still have the green cards and the letters you sent? If so, send this letter with copies to the CRAs demanding they delete:
 
--
 
Dear Sir/Madam:
 
This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that CRA do what is legally mandated by the FCRA and FDCPA, and delete the account listing.
 
CA, Account # XXXXXXXX
 
On March 21, 2006, CA received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. As of today, June XX, 2006, they have failed to provide any proof or respond in any way.
 
On May 2, 2006, I sent a second letter. Again, I have received no response. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter.
 
The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 3 months since it was requested.
 
As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.
 
Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its entirety as there is no proof of its existence as evidenced by my attached documented proof.
 
Sincerely,
 


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