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Regular Contributor
Posts: 230
Registered: ‎08-24-2009
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DV Question

Hello. I sent 2 DVs to 2 local CA in my area before Christmas. For one of them i already got the green CMRRR card back in the mail and the item has been removed. For the other, howrver, i have not received the card back in the mail. Should i now send an email or hold tight? Thank you.
Regular Contributor
Posts: 226
Registered: ‎12-11-2012
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Re: DV Question


ktm214 wrote:
Hello. I sent 2 DVs to 2 local CA in my area before Christmas. For one of them i already got the green CMRRR card back in the mail and the item has been removed. For the other, howrver, i have not received the card back in the mail. Should i now send an email or hold tight? Thank you.

I have the same question. I've received 5 out of 6 CMRR back but I haven't been notified that any of the items have been removed yet. I'm wondering what the next step is - do I send another type of letter or contact the CRA's next ? 

12/11/12 Starting Score EQ FICO - 583/ TU FICO - 615/
4/1/13 - Lender Pull - TU - 645 EQ - 675 EX 712
Each One - Teach One
Epic Contributor
Posts: 22,398
Registered: ‎01-17-2008
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Re: DV Question

Unless you live in TX there is no timeline they need to respond, if at all.  They just can't continue collection activity until they do. 

Regular Contributor
Posts: 226
Registered: ‎12-11-2012
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Re: DV Question


guiness56 wrote:

Unless you live in TX there is no timeline they need to respond, if at all.  They just can't continue collection activity until they do. 


So does that mean they have to remove it from our CR ? What type of recourse do we have to get it resolved if they don't have to verify it ? Is there a following up DV letter out there that may help with this ? 

12/11/12 Starting Score EQ FICO - 583/ TU FICO - 615/
4/1/13 - Lender Pull - TU - 645 EQ - 675 EX 712
Each One - Teach One
Epic Contributor
Posts: 22,398
Registered: ‎01-17-2008
0

Re: DV Question

[ Edited ]

No, they don't have to remove it from the CR.   But they can't call you or send you notices.  If they do they are in violation until they do respond to the DV.

 

Some have had success in waiting 30 days or so and sending a copy of the green card, along with a letter to the CRA, stating the CA has not validated the debt.

Community Leader
Epic Contributor
Posts: 26,263
Registered: ‎03-19-2007
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Re: DV Question

If you have an actual inaccuracy in their reporting, as opposed to a request for verification of the debt, then you can file a dispute under the FCRA

However, unlike DV requests, disputes under the FCRA require identification of a specific inaccuracy.

 

As for the DV process, its main function is to require debt collectors to cease collection activities until they have verified the debt.  Sending a DV does not require the consumer to identify a specific inaccuracy, and does not compel a response.  The CRAs are not a party to the DV process, and failure to have responded is not a violation of the FDCPA or basis for a dispute via a CRA.

Regular Contributor
Posts: 226
Registered: ‎12-11-2012
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Re: DV Question


RobertEG wrote:

If you have an actual inaccuracy in their reporting, as opposed to a request for verification of the debt, then you can file a dispute under the FCRA

However, unlike DV requests, disputes under the FCRA require identification of a specific inaccuracy.

 

As for the DV process, its main function is to require debt collectors to cease collection activities until they have verified the debt.  Sending a DV does not require the consumer to identify a specific inaccuracy, and does not compel a response.  The CRAs are not a party to the DV process, and failure to have responded is not a violation of the FDCPA or basis for a dispute via a CRA.


So would it be fair to say that there really is no recourse if the CA doesn't respond and you don't recognize the debt it can still remain on your CR until it falls off. Since I haven't heard back from the CA, should I just try a PFD or PIF/GW ? How long should I wait before I move to the next step. It's been about 3 weeks or so. 

12/11/12 Starting Score EQ FICO - 583/ TU FICO - 615/
4/1/13 - Lender Pull - TU - 645 EQ - 675 EX 712
Each One - Teach One
Community Leader
Epic Contributor
Posts: 26,263
Registered: ‎03-19-2007
0

Re: DV Question

You have recourse, but the recourse is by way of additional action on your part, not requiring documentation on their part by way of a DV request.

 

If you have an account that you honestly feel is not yours, you can file a police report, asserting that any account with the creditor must have resulted from use of your identity.

Send a copy of the police report to the CRA, and the CRA is then required to block the information from your credit report under FCRA 605B

Additionally, send a copy to the creditor (not the debt collector), and require them to provide all business records pertaining to the account that they assert is your responsibility.  FCRA 609(e).

 

If you have documentation that the account is not yours, you can file a direct dispute.  However, unlike the DV process, you must identity a specific inaccuracy, and provide sufficient documentation to enable them to conduct a reasonable investigation.  The identity theft process addresses the dilemma of not having your own documentation, and thus being forced to prove a negative.

 

And, of course, rather than using the FCRA processes, you can file civil action, thus providing discovery of whatever documentation they have that supports you as the responsible debtor.

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