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02-25-2013 07:57 PM
I’m sort of new here, signed up a while back and was so overwhelmed by all the info I just signed off and basically quit. I have several CA accounts that I would like to attempt to send DV letters to. I have been through the forum looking for good clear information on the correct way of completing this task. I just have some questions and figured I would add another post of my own to ask the questions I am in need of answers for. Any help would be appreciated.
Besides giving my name and address, Should I also note my phone number and amount shown that they are claiming I owe?
The account numbers on the credit bureau reports only list partial account numbers. Is this all we need to list in the DV letter since I have no way of knowing the full account number in the first place?
Should the letters be mailed by Certified mail or just get Delivery Confirmation?
Should I include a self-addressed postage paid return envelope?
Should I ask for specific items of validation such as proof that the OC has transferred the account/s in question to that CA? What should I ask for? I just want to make sure everything that I need to ask is in the first letter.
What sort of proof is legally acceptable?
What if they don’t respond within the 30 days from date of which the letter was mailed out? What steps do I take at that point?
What if the OC is reporting on my credit report as well with a "Transferred account/Charge Off"?
If anyone has links to informative posts that they believe I will benefit from on this site, please don't hesitate to share with me. Last thing I want to do is give up again.
02-25-2013 08:05 PM - edited 02-25-2013 08:08 PM
Keep a DV short, sweet and to the point. " I found this account_____on my credit report you are collecting. Per FDCPA 809 please validate".
Send what you have on your CR, do not give them your social security number or phone number or anything else. Type your name only, DO NOT sign. Send it CMRRR.
All they need to do is tell you who is collecting and how much is owed. If you specifically ask for the name of the OC and their address they must provide that also.
There is no time limit for them to answer, they don't have to answer. They just cannot continue collection activity until they do. That means no updating your CR, no phone calls, no dunning notices.
Read the stickies in my signature. There is a lot of beneficial information there.
02-25-2013 08:22 PM
Cant the CA just look at my Credit report and see the OC and amount that they are trying to collect for? How do I know that this CA is truely authorized to collect that debt for the OC in the first place? What if I truely dont know what the debt if for? Am I still obligated to pay the debt without any kind of detailed proof?
02-25-2013 08:27 PM
All the CA is required to do is validate that there is a debt. They do not have to prove it is your debt. You will need to do that.
If you want to contact the OC and ask who is collecting you can. You can also ask the OC what information they have on any account of yours.
No, if it truly is not your debt you don't have to pay it. I wouldn't. But you may need to do more than just say its not mine.
02-26-2013 02:24 AM
In order to pull your CR, a debt collector must provide a statement of permissible purpose to the CRA, stating their authorization under one of the subsections of FCRA 604.
Sure, they could falsify a statement of permissible purpose, but that is fraud.
A debt collector would be a fool to make that a general practice just to obtain consumer reports. It will bite them sooner or later.