05-06-2013 05:30 AM
Just received a collection account on my credit report. I have been trying hard to repair, and this is just another step backwards. Anyway, without knowing whom is the original creditor, where should I start? How am I to validate that this is even my debt? It looks as if the OC and the CA are the same company based on CA and OC data below.
In 2/1/2013, the collection agency was hired by creditor Not Reported to collect $531 in debts on account number XXXX0544.
|Original balance:||$531||Agency name:|
|Current balance:||$531||Agency number:||597YC07727|
|Status (as of 5/1/2013) :||UNPAID||Agency industry:||Not Reported|
|First delinquency:||9/1/2012||Original creditor:||597YC07727|
|Last payment:||Not on Record|
05-06-2013 06:08 AM
And as for the CA's name, myFICO will sometimes mask the CA's name out of privacy to you, and usually involves a medical-related CA and/or OC name. You'll need to pull your report directly from the CRA and/or annualcreditreport.com.
05-06-2013 06:13 AM
Thanks for the information
Here is the DV letter that I am going to send. Does this make sense? I found this letter in one of the forums.
CERTIFIED MAIL #: __________________________________________________
YourTown,, State ZipCode
Debt Collection Company Name
Town, State ZipCode
Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #
To Whom It May Concern:
I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.
05-06-2013 07:46 AM
That DV posted above is worthless. They don't have to give you any of that information and the threats that are in it are absolutely wrong.
05-06-2013 09:21 AM - edited 05-06-2013 09:21 AM
05-06-2013 11:11 AM
You should also ask for the name of the OC.
05-06-2013 11:17 AM
In response to a normal DV, the statute does not require the debt collector to provide the name of the OC unless the DV request includes a specific request for the name and address of the OC.
Other than simply stating that debt validattion is requested under FDCPA 809(b), the only other two items I would request are the name of the OC, if desired, and an itemized list of the asserted debt. The courts have consistently held that a debt collector's statement of the asserted debt is insufficient for a consumer to evaluate its accuracy, and that an itemized listing is thus appropriate in a DV request.
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