DV for one CA and multiple accounts?

[Anonymous]

Please bare with me as I'm new here.

I have medical debt from one OC that is now in the hands of one DC.  I've known about it since the DC first got it and started calling me (well over 30 days ago).  I cannot recall if I ever received a registered/certified letter about it, but have received stamped letters about it.

I've been procrastinating about dealing with it and received a call from the DC today wanting to get a payment for the $8xx due.

The call got nasty and the agent asked if I wanted them to garnish my wages and also during the call told me I was incorrect about it dropping from my report after 7 years and that it will be on there until it is paid in full.  I know they will have to take me to court to be able to garnish and that I am correct about 7 years (I know that the debt will still exist if not paid).

Anywho I checked my report and instead of one tradeline from the OC turned over to the DC, there are five separate separate tradelines all with individual account numbers.  These five tradelines add up to the total I was told over the phone.

I'd like to take advantage of the verbage of the FDCPA (that I just discovered these individual items today) and send the DC a DV letter. 

My question/assumption is that I will need to send a separate DV letter for each tradeline?

My end game is getting the tradelines deleted from my history.  If need be I will move onto PFD.

If you need more info let me know.

Thanks.

[Anonymous]

"The call got nasty and the agent asked if I wanted them to garnish my wages and also during the call told me I was incorrect about it dropping from my report after 7 years and that it will be on there until it is paid in full. "

The DC lied to you and threatened legal action in order to collect a debt. Thats two separate statutory violations of FDCPA. Did you happen to record the call? Its almost a certainty that they did.

I would draft an ITS letter outlining the specific violations they just committed, informing them you either recorded the call or you intend to subpeona their recording of the call. Since the statutory fines of those two violations ($1000 each) exceeds the amount of the original debt, you would be willing to except as a settlement, nothing less than total extinguishment of the original debt. If they so much as whimper contact a consumer rights attorney through NACA (www.consumeradvocates.org) and file suit. Places that do this need to be sued out of existence.

[RobertEG]

I totally agree with Norman.

Addionally, you might send a formal complaint to the CFPB, as their violations appear serious and blatant.  Let them explain their actions to the CFPB.

I would cc: a copy of the complaint to the debt collector as notice to them that you are aware of their prohibited collection practices.

Regarding sending a DV, I would send a separate request for each account.

However, there is a timeliness requirement for DV requests, which is no later than 30 days after receipt of their dunning notice.

You can send a DV after the 30-day period, but it will not impose a cease collection bar.

Even if timely, a DV sets no required period for response.  It would only impose a cease collection bar until such time as they choose to validate.

As for having multiple accounts with the same debt collector, FDCPA 816 permits the consumer to direct which debt any payment must be applied to, so they do not have the latitude to determine which debt any payment is applied to.