Rebuilding Your Credit

[ivyalmighty]

I DV'd Absolute Collect Service for a med collection that isn't mine, and it's been 30 days. They have not responded to the DV, and it's still showing on my CRs. I searched for what letter to send the CRA to have the acc't removed while it's in dispute, but it seems most of the letters I've read are tailored to CAs who continue to update reporting while in dispute.

1. Before I get myself in trouble, is the CA obligated to remove the account from CRs 30 days after receiving my DV? Or are the only obligated to not update the account while it's in dispute?

2. Do I send a second DV to the CA, or let sleeping dogs lie & proceed w/ a letter to the CRA showing the CA did not respond & requesting deletion?

[slyhouse08]

I think Happydays has the correct letter...I saw it...but I can't repost it...sorry...maybe you could look and see...but there is a certain letter to send...most send their first DV certified mail to the CA...so the letter to the CRA is designed to attach the "proof of signed for" letter with it...ensuring the CA received it and couldn't verify...

[HappyDays]

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ivyalmighty wrote:
I DV'd Absolute Collect Service for a med collection that isn't mine, and it's been 30 days. They have not responded to the DV, and it's still showing on my CRs. I searched for what letter to send the CRA to have the acc't removed while it's in dispute, but it seems most of the letters I've read are tailored to CAs who continue to update reporting while in dispute.

1. Before I get myself in trouble, is the CA obligated to remove the account from CRs 30 days after receiving my DV? Or are the only obligated to not update the account while it's in dispute?

2. Do I send a second DV to the CA, or let sleeping dogs lie & proceed w/ a letter to the CRA showing the CA did not respond & requesting deletion?

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When it already on your CR  yes they can keep reporting for the 30 days & then has to stop untill they validate.

They should delete but usually do not. you have to dispute.

I would send the 2nd DV letter.  If no answer in 15 days....send copy of DV letters along with copies of the GC& Cert.paper along with the dispute letter to all CRAs reporting

[ivyalmighty]

Copy of that 2nd DV letter anyone? The 15-day letter? gonna send tomorrow

Didn't see it in the Frequently Requested Threads post.

[HappyDays]

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

• Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
• Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
• Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
• Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.

Thank You,

TYPE NAME

[Schoolbuskid]

That CA sounds familiar Ivy, it wouldnt happen to be located in NC would it? They tried to collect a bill from me for a date that would have made me a minor! I wrote them a letter stating this is not my debt and i was a minor when the debt incurred, and they had it deleted off my report. Now they sent my mom a letter in the mail, but the havent placed it on her CR yet.

Just curious...

Message Edited by Schoolbuskid on 04-28-2008 05:50 AM

[ivyalmighty]

Schoolbus-
Sure is in NC. Raleigh.

I used to live in/around Charlotte.


They also had one on my report for my then-two-year-old daughter, with her name, her SSN, her Dad's address (at the time).. I have no idea how they connected it to me. I gave them her Dad's info, since he's the bright star that took her, and I'll let him deal w/ them.

This particular account started out with me listed as "Individual" responsibility and once I disputed it online, they magically changed the responsibility to me being "co-signer." They don't have anything on this one & they know it...

[Schoolbuskid]

Yep i knew it!

You get 'em!.. although they seem relatively easy to deal with! Good luck!

Message Edited by Schoolbuskid on 04-28-2008 07:41 PM