DV letter old account

[Anonymous]

I'm getting ready to either dv or pfd a couple collections from 2 to 4 years ago. I just read about dv laws and it looks like I should have done this within the first 30 days of the collection. Can I still do it and is it worth it? Or just go right to the pfd letter?

[rmduhon]

Some states have enhanced DV laws. If you aren't in one of those states then PFD would probably be the next step.

[Anonymous]

Thanks, how can I check that? I'm in IL.

[rmduhon]

I know in Texas it's in the Texas Financial Code. Maybe look there? I don't know anything about IL.

[Anonymous]

Thanks for the help.  After reading that it says pretty much the same, first 30 days.  I think my best bet will be asking for PFDs.  I only have a few and the total is around 5k.  Hopefully I can negotiate with a couple, if not its worth it to clear the report....

Illinois Fair Debt Collection Practices Act (225 ILCS 425/9.3)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.3. Validation of debts.

(a) Within 5 days after the initial communication with a debtor in connection with the collection of any debt, a debt collector or collection agency shall, unless the following information is contained in the initial communication or the debtor has paid the debt, send the debtor a written notice with each of the following disclosures:

(1) The amount of the debt.

(2) The name of the creditor to whom the debt is owed.

(3) That, unless the debtor, within 30 days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector or collection agency.

(4) That, if the debtor notifies the debt collector or collection agency in writing within the 30‑day period that the debt, or any portion thereof, is disputed, the debt collector or collection agency will obtain verification of the debt or a copy of a judgment against the debtor and a copy of the verification or judgment will be mailed to the debtor by the debt collector or collection agency.

(5) That upon the debtor’s written request within the 30‑day period, the debt collector or collection agency will provide the debtor with the name and address of the original creditor, if different from the current creditor. If the disclosures required under this subsection (a) are placed on the back of the notice, the front of the notice shall contain a statement notifying debtors of that fact.

(b) If the debtor notifies the debt collector or collection agency in writing within the 30‑day period set forth in paragraph (3) of subsection (a) of this Section that the debt, or any portion thereof, is disputed or that the debtor requests the name and address of the original creditor, the debt collector or collection agency shall cease collection of the debt, or any disputed portion thereof, until the debt collector or collection agency obtains verification of the debt or a copy of a judgment or the name and address of the original creditor and mails a copy of the verification or judgment or name and address of the original creditor to the debtor.

(c) The failure of a debtor to dispute the validity of a debt under this Section shall not be construed by any court as an admission of liability by the debtor.

(Source: P.A. 95‑437, eff. 1‑1‑08.)

[RobertEG]

A DV that is untimely, meaning it was not sent within 30 days after receipt of dunning notice, imposes no restrictions on the debt collector.

You can still send a DV if untimely, but the debt collector can choose to ignore and continue collection activities as normal.

Even if your DV is timely, it does not impose any period for or requirment to validate within any period.

It imposes a cease collection bar, which then remains in effect until they have provided validation.

They can choose not to respond, and simply abide by the cease collection bar.

Meanwhile, you are in limbo, as you cannot negotiate anything with the debt collector, including a PFD, until they have first chosen to send validation.

If the debt is valid, I would simply move to the PFD offer......

[Anonymous]

Great, I was wondering how everyone is disputing all these.  I appreciate the help and all the good info on here!!!  Im getting there! 

[Anonymous]

SO I found this sample letter, I was going to use this but I feel its a little drastic.  Can someone point me to a current sample letter?  Ive been all over these boards and google and it seems they are all from 07 or 08... Or any advice on the letter.  Thank you so much!

Date:

Your Name
Your Address
Your City, State, Zip

Sample Debt Validation Letter

(Send via certified mail, return receipt requested)

Collection Agency Name Collection Agency Address Collection Agency City, State, Zip

RE: Account # (Fill in Account Number)

To Whom It May Concern:

Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is
requested. Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 (b) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus (Equifax, Experian, Trans Union), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following: Violation of the Fair Debt Collection Practices Act and Defamation of Character.

I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.

If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. 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 legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. 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.

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.

CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following:

• Agreement with your client that grants you the authority to collect on this alleged debt.
• Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. • Any insurance claims been made by any creditor regarding this account.
• Any Judgments obtained by any creditor regarding this account.
• Name and address of alleged creditor.
• Name on file of alleged debtor.
• Alleged account number.
• Address on file for alleged debtor.
• Amount of alleged debt.
• Date this alleged debt became payable.
• Date of original charge off or delinquency.
• Verification that this debt was assigned or sold to collector.
• Complete accounting of alleged debt.
• Commission for debt collector if collection efforts are successful.

Please provide the name and address of the bonding agent for «COLLECTIONAGENCY» in case legal action becomes necessary. Your claim cannot and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.

Best Regards
[Your Signature]
cc Federal Trade Commission

[gdale6]

There are several main threads here on myFico

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Debt-Validation/m-p/7133

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Q-amp-A-Examples-and-PFD-Success-Stories/...

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Example-Letter/td-p/4519