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All of our PFD and Settlement letter came back today...

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MrChairman
Established Contributor

All of our PFD and Settlement letter came back today...

I am working on my wife's credit. We sent out numbers letters for PFD and Settlements and some for lates. They all came back saying either they want to full amount or won't remove the lates. I will now DV all of them. Some sent statements printed off from the internet but I'm not sure if that would suffice as a DV. Any thoughts?


Starting Score:TransUnion: 698 (12 FEB 2010), Equifax: 674 (12 FEB 2010)
Current Score (Lender Pulled):TransUnion: 684 (12 SEP 2016), Equifax: 696 (12 SEP 2016), Experian: 679 (12 SEP 2016)
Goal Score:All scores All scores at least 700+ by December 2017!!

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Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: All of our PFD and Settlement letter came back today...

Has your 30 period from dunning notice expired?

If so, any DV at this point would not invoke a cease collection bar.

 

Even if timely, a DV would also require that you cease communication with them until such time at they chose to provide debt verification.

Is that your intent, or do you wish to pursue additional PFD offers?

Message 2 of 5
MrChairman
Established Contributor

Re: All of our PFD and Settlement letter came back today...

Two of the creditors sent statements back with their letter. One from a college was an electronic print out. From the electric company ca it was a print out with name and balance address sent in electric company envelope. So would those two be verified? If so where do I go from here


Starting Score:TransUnion: 698 (12 FEB 2010), Equifax: 674 (12 FEB 2010)
Current Score (Lender Pulled):TransUnion: 684 (12 SEP 2016), Equifax: 696 (12 SEP 2016), Experian: 679 (12 SEP 2016)
Goal Score:All scores All scores at least 700+ by December 2017!!

Take the FICO Fitness Challenge
Message 3 of 5
Shogun
Moderator Emeritus

Re: All of our PFD and Settlement letter came back today...

Get some specifics on the accounts.  How old are they?  Are they past the SOL of your state.  I always advise paying the accounts, just keeps the JDBs and a lot of problems from arising in the future, but this information could be used for bargaining with them.  On EQ it will show a DOFD and on TU and EX it will show a date this is expected to fall off your report.  Count back 7 years from those to determine your DOFD.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 4 of 5
RobertEG
Legendary Contributor

Re: All of our PFD and Settlement letter came back today...

Legal compliance with the bare-bones requirement of FDCPA 809(b) requires that they "obtain" verification and convey that fact to the consumer.

Similar to the dispute process, debt verification does not expressly compel production of documentation in support of their verification.

I relies upon their honest conduct of an investigation and reporting of its findings.

 

To require more than a statement that they have obtained verification would necessitate bringing legal action, and finding a judge who reads any requirement for supporting documentation into the statute.  Due the vaugarity of section 809(b), some courts have placed such an interpretation on the statute.  Ultimately, what is and is not adequate verification is what your judge/court interprets the statute as requiring.  The vast majority of jurisdictions have held that a finding based on a reasonable investigation is all that is required.

Message 5 of 5
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