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DV or PFD?

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Anonymous
Not applicable

DV or PFD?

I need some help.  A collection just popped up on Experian today. I remember someone calling me about this but I don't know if it is legit or not. I asked him to provide proof of this debt but he was unable to. It's for a hospital visit about 2 years ago. I received 2 bills. One for $34, which I paid, and another for $2k which I could not pay. I made payment arrangements and paid it off July 2014. Around September 2014 is when I received a call that I owed $600 for that hospital visit. This is why I'm questioning this debt. I was told it could be a doctor's bill? Never heard of such a thing. And why did I not receive this bill 2 years ago? Why is it in collection?

 

Anyways, what can I do now. I never knew about DV's and PFD's but after doing some reading/research, a DV is basically disputing it correct? is that what I should do in my case? or should I just pay for delete? What is the worst case scenario if i dispute?

 

Here is what;s reporting:

Account Number
XXXX
Account Type
Collection
Terms
1 Month
Date Opened
03/01/2015
Account Status
Closed
Payment Status
Late
Payment Status Details
Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department
Status Updated
06/01/2015
Balance
$610.00
Balance Updated
-
Credit Limit
-
Past Due Amount
$610.00
-
Contact Phone
(516) 228-7100
Contact Address
900 MERCHANTS CONCOURSE, WESTBURY, NY 11590
Ownership
Individual
Original Creditor
EMPP/MERCY GENERAL HOSPITAL
Company Sold-to
-
Original Amount
$610.00
Comments
-
Message 1 of 2
1 REPLY 1
RobertEG
Legendary Contributor

Re: DV or PFD?

The FDCPA does refer to a DV request as a "dispute of the debt, in whole or in part," but it is a different animal of dispute that one made under the FCRA.

 

Unlike the FCRA, which requires one to assert a specific inaccuracy in credit reporting, and provide sufficient documenttion to permit an investigation of its accuracy, a DV request does not require anything more that a request for valdidation.  However, also unlike a dispute under the FCRA, a DV request under the FDCPA imposes no period for or requiement to verify.  If sent within 30 days fo dunning notice, its efffect is to impose a cease collection bar on the debt collector, which remains in effect until such time as the debt collector provides the requested validaation.  They can choose never to respond, and simply accept a bar against continued collection activities.

 

If you send a timely DV, the cease collection bar prevents the debt collector from continued collection activities, which includes any response by negotiatio of terms of payment, such as reply to a PFD offer. 

 

If you choose not to pay a debt for which you are unsure that you owe, then it is most likely prudent to send the DV,but recognize that they have no requirement to respond, and it places any negotiations on payment in limbo.

If you wish to simply attempt to get the collection deleted and thus pay a debt that may not be yours, then you can offer the PFD and forgo the DV.

 

If it has been more than 30 days since they sent dunning notice, then your DV imposes no cease collection bar, so you could send the DV and also make a PFD offer.

Howver, they could continue collection activites as normal, and ignore both requests.

Message 2 of 2
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