CBA respond to DV whats next help they sent me junk.... ANYONE with advice on my next step

[Anonymous]

OK. 1st on 7/2/2012 i sent DV to collection bureau of america (CBA). I recieved 3 letters from them on the same day the 1st was the actual 1st contact letter that if i dont dispute it will be considered valid . that had a date of 7/6/2012. the 2 other letters i got was one stating that they let the creditors know its in dispute and the last one says.. " based on our investigation of your disoute we have identified you as the correct consumer for this account. we have requested the consumer reporting agencies as disputed.. whats next theres NO info on OC just amount owed.. whats my next step is there a letter. I feel this is not a proper validation they give me no info. whats my next move??

[RobertEG]

FDCPA 809(b), in its strict language, only requires that they have "obtained" verification from the creditor, so most likely, it is adequate verification, provided they also stated the amount of the debt, and if requested, an itemization.

As for identifying the creditors, their original dunning notice required that they provide "the name of the creditor to whom the debt is owed."  That may not necessarily be the OC.  If the creditor specfically desires the name of the OC, they can do so in their DV request.  It is not an automatic requirement.

Did your DV specifically request the name of the original creditor?

If, for whatever reason, you consider a verification to be inadequate, then you consider the debt collector to still be under the cease collection bar imposed by your DV (providing it was a timely DV).   Next step would be to assert violation of FDCPA 809(b) at such time as the debt collection resumes any collection on the debt.

They, of course, will assert their verification to have been adequate, and you then have an adequacy of verification issue under FDCPA 809(b).

[Anonymous]

Don't do anything until their time limit is up for provding you validation.

Scratch that, I was thinking about something else.

Have they ever sent you anything showing what this debt is for?

[Anonymous]

O.k but according to their 2nd letter they said. that I WAS indeed the the correct consumer for that account so it looks like the investigated thater letter was sent on 7/9/12 dated 3 days after there so called  1st initial contact.  this is the letter i used

                                                                                       07/1/2012

                                           U.S.P.S   edited

CBA

25954 Eden Landing First Floor                           Account xxxxxxx

Hayward CA 94541

To Whom It May Concern

I just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. Be advised, this is not a refusal to pay, but 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 VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

    What the money you say I owe is for;

    Explain and show me how you calculated what you say I owe;

    Provide me with copies of any papers that show I agreed to pay what you say I owe;

    Provide a verification or copy of any judgment if applicable;

    Identify the original creditor;

    Prove the Statute of Limitations has not expired on this account;

    Show me that you are licensed to collect in my state; and

    Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

    Violation of the Fair Credit Reporting Act

    Violation of the Fair Debt Collection Practices Act

    Defamation of Character

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to 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.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Edited to remove personal identifying info. - llecs, myFICO moderator

[RobertEG]

With their being no required period for them to provide verification, I am unsure as to what you would "wait for."

Additionally, they apparently feel they have already verified, so they most likely consider the DV issue to be water under the bridge.

The remaining issue, as I see it, is the appropriateness of their having reported an FCRA dispute to the CRA based on a DV request.