Setting the record straight on DV

[Anonymous]

Ok, here's my problem. Using the sample DV letter that Tuscani has posted I sent out 5 DV's and I got the same response back from all of them. That the are not required by any law to provide a signed contract, or original contract. Now after reading 100's of post on this site and googling all the info I could find on the FCRA guidelines on this I still can't find where it says definitively with out question that the CA's must produce the original signature on a contract.  Can anyone help me clear this up before I go nuts on these Ca's

Background on one of the DV's i sent: a debt for a cable company from an address that I never lived at. Now I DID have cable with this company at a different address and I know I had to show ID and sign a paper when they hooked it up on move in. The CA is telling me there never was a signed contract and they don't have to provide it even if it did exist.

Thank you all for any input

[Anonymous]

Here's a letter I sent to a CA to have something removed and since they couldnt validate it, they had to. I have key points and phrases in here, so hopefully this will help you out.

 

Your name

Your address

Collection Agency Name

Address

Date

RE: Acct No. 711XXXX

To whom it may concern,

I recently ordered my credit report and found that you are reporting a fictitious account. This account is not mine and I demand you delete this account from your records and stop reporting it to any and all credit reporting agencies immediately.

According to the Federal Debt Collection Practices Act. I have a right to have the alleged debt validated. I am requesting and requiring that you forward all proper original documentation to me proving this alleged debt.

Additionally, continued reporting of this item on my credit reports is in violation of the FCRA 623. Deletion is mandatory by federal law.

You are hereby required to provide the following:

• Contract of said account with my original signature.

• Complete billing and payment history.

• Copies of all certified letters sent to my address.

• Notarized statement that you are authorized to collect this debt and by whom.

• Notarized statement claiming you believe in the authenticity of the items (A), (B) & (C ). Should the authenticity of any of these items be brought in question, you shall cease and desist all actions on said matter.

If you are unable to provide me with proper proof as above then you must stop attempting to collect & report this alleged debt. If you continue to claim I owe a debt that you cannot confirm then you will be in direct violation of the FDCPA. Additionally, any attempt on your part to further report this alleged debt to my credit reports will be in violation of the Fair Credit Reporting Act.

Please forward your documentation to me upon receipt of this certified letter. Please note that proper documentation is not simply a print out or bill from you and this debt can not be validated without a contract bearing my original signature. If you are unable or unwilling to furnish said documents then I am ordering you to stop reporting this account and delete it from your records and delete your entry on my credit report(s).

Account printouts do not constitute legal validation.

If this item is not removed from all credit bureaus that you report to within thirty(30) days, this matter will be escalated. Continued violations against me by your organization to this fictitious account will be met by the maximum legal action permissible by law.

Thank you for your cooperation.

Your name (Never sign it though)

[Anonymous]

I know  this is frustrating, but the CA response you recieved is correct.  Please refer to yesterdays thread

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=53351

For quick reference:

http://en.wikipedia.org/wiki/Debt_validation

Message 3 (Noah_bodie) in http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328

[Anonymous]

((Additionally, continued reporting of this item on my credit reports is in violation of the FCRA 623. Deletion is mandatory by federal law.

You are hereby required to provide the following:

• Contract of said account with my original signature.

• Complete billing and payment history.

• Copies of all certified letters sent to my address.

• Notarized statement that you are authorized to collect this debt and by whom.

• Notarized statement claiming you believe in the authenticity of the items (A), (B) & (C ). Should the authenticity of any of these items be brought in question, you shall cease and desist all actions on said matter.))

Ok...Right there   first line of demands you say they must provide original contract with signature. I can find NOWHERE where it says that the CA's MUST provide this. can you point me to the exact wording where it says I can get a copy of a contract....PLEASE anyone   this is vary important to my arument with these CA's because I never signed a contract or agreed in any way to their services

thank you

[Anonymous]

TEXTOY: I guess your 100% correct....there is a little (innocent) misinformation floating around on these forums. From what I have found the CA's have never been REQUIRED to show a signed contract or original agreement. and all the DV letters I have found state that they are requied to do so.

My problem is a cable bill from an address i never lived at, and never have requested the service, being attached to my credit report. how do I fight this??

[Anonymous]

I do not like that fact either.  I wish it was not so because bad information is getting out there and I am afraid it will start hurting people.  Never looks good to open a lawsuit against an abusive debt collector and have it thorwn out for issues that are not legally binding.   The little guy doesn't need to have insult added to injury.

[octavia]

I had the same problem.  Someone had cable in milwaukee in my name.

I first called the CRAs (it only showed on my experian) to inform them that Ive never lived in milwaukee in my life; then they put a fraud alert on all my CBRs and they investigated and shortly after it was removed.

I hope this helps.