DV Help!

[Anonymous]

I have been reading threads on here for a while now. I see a lot of talk about DV letters. I am thinking of sending some out but some of the horror stories I have read also have me a little nervous. Some of the CAs on my report aren't trying to contact me at the moment but showing on my report. The OC isn't listed and some of the these things I am unsure of what they are or who they are for. Some are also very old like 5 years or older, I know the SOL is 10 years in WV which is where I live. Should I DV these places or will it only hurt me in the long run? Also I am receiving probably 10 calls a day from Portfolio Recovery Associates I have no idea who they are attempting to collect for since I have not seen it on any of my reports. I do not have my account number for Portfolio should I DV with only my name and address and see what they say? I have read stories of how hard they are to work with on here. I do know I have things put in my name by close family members and I am also unsure of how to handle those I don't want to put a bad name out there for my family member due to them passing away a couple years ago. I am not planning on buying anything in the near future but I do want to try to work on some of the baddies on my report. I am planning on making payments to some of the CAs I just have no idea where to start. By the way I have posted a couple of times on here and you guys are great! Thanks for all your help!

[RobertEG]

From the dates given, it would appear that DV now would most likely be untimely.  Thus, no cease collection bar would be imposed, removing their primary incentive to provide debt verification.  It does not seem like a very productive route.

When does the SOL expire on each?  Before making any payments, I would advise checking your state SOL statute to determine if payment is a basis for reset of your SOL in your state.

As for Portfolio, I suggest that the next time they call, pick up the phone and let them identify themselves as a debt collector, and then tell them that you wish any further communication to be in writing.  The purpose of picking up the phone is not to discuss anything with them, but rather to trigger a clear initial communication, thus requiring them to send formal dunning notice within 5 days.  That will require identification of the creditor and the amount of the debt.

[Anonymous]

I have been having issues finding when the SOL expire on each from what I remember it was 2013 to 2015. The SOL in my state is 10 years. I am really new to rebuilding credit so forgive me if I am answering the wrong question. I have one CA that has not contacted me but they are adding fees onto the total I owe. I recieved an alert today when I checked it the alert was they added 49 dollars onto my balance. I am not even sure what this collaction is. Anywhere on my report it doesn't list the OC. This stuff is very confusing to me right now. Thanks for the help!

[RobertEG]

When a debt collector initiates active collection, their initial communication with the consumer, either personal or by way or reporting their collection to a CRA, triggers their requirement to provide the consumer dunning notice, informing them of the name of the credtior, the amount of the asserted debt, and their rights to request validation of the debt.  Dunning notice is required to be provided within 5 days of an initial communication.  You should not have to rely on a credit report to determine that information.

So they have apparently put you in your current position by failure to comply with FDCPA 809(a).

When they call, did you ask for their correspondence address? 

I would send them a DV, providing a copy of your credit report that shows the identifying information they provided.  They reported to the CRA, so they should be able to make a match.  That will impose an cease collection bar on them until such time as they provide the requested debt verification.