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CA Dispute & Settlement Offer Letter?

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Anonymous
Not applicable

CA Dispute & Settlement Offer Letter?

I have a debt for $750 that was just sent to a CA. The issue is that about half of the debt is valid, the other half is absolutely not. I would like to:

 

1) dispute the invalid portion and

2) offer to pay the valid portion in order to settle the entire debt.

 

Any advice on how to handle the above and what kind of letter should I write? Any CA dispute example letters you can refer me to?

 

Thanks!

Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: CA Dispute & Settlement Offer Letter?

Dispute of a debt, or any portion thereof, can be addressed under two different porcesses.  You send a DV request under FDCPA 809(b) or can dispute the accuracy of the credit reporting itself under the FCRA.

 

The DV process is not a showing of proof procedure.  If you dispute the debt, in whole or in part, FDCPA permits you to request itemization of the debt.  Unless you live in Texas, a DV letter does not have a compulsary period for response.  It is primarily a process to block further collection activity until such time as they respond with verification of the amount of the debt.  CR inclusion or deletion is not a direct part of the DV process.

 

Compulsary response to disputes of the accuracy of items in your CR are addressed by use of the dispute process under the FCRA.  I suggest using the direct dispute process under FCRA 623(a)(8).  This process steps up the requirements on both the consumer and the creditor/debt collector.

Unlike the DV process, the consumer must first provide sufficient information to establish the dispute and its basis. Once that is done, the creditor/debt collector must complete their investigation of the consumer dispute within 30-days, and send the results to the consumer within 5-days thereafter.  If they agree that all or part of the dispute involbed information that was inaccurately reported by them, they must correct or delete the inaccurate information from your CR.

 

A consumer can do both a DV and dispute.  They are separate.

 

 

Message 2 of 3
Anonymous
Not applicable

Re: CA Dispute & Settlement Offer Letter?

Thanks RobertEG - how can I get started on the 2nd option, the dispute, that you mention? Is there an example or template for that somewhere on the boards?

Message 3 of 3
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