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DV response - Now What?

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kmacqua
Regular Contributor

DV response - Now What?

I DV'ed a surprising collection on my CR (AllianceOne) because I wanted to know 1) if the debt was mine; 2) who the original creditor was (ie to determine WHAT the debt was for).  Today I got a response.

 

It is a letter with the following at the bottom:

Creditor: Seattle Municipal Court -- This is new and helpful information! Credit report just read, "Seattle"

Client reference number: ####

Int rate: .12

Asnd Amt: 78.46 --Credit report said $78

Asnd Int: 0

Post Int: 42.69

Other fees: 0

Pay Rec 0

Total: 121.15 --Far more than the $78 on my credit report

 

Then information about a citation (traffic? parking?) referencing a former vehicle.

 

This response does not have the 3 statements (#3,#4,#5) required in a DV per this: http://ficoforums.myfico.com/fico/board/message?board.id=rebuildingcredit&thread.id=61276.  It also doesn't have my name anywhere in this information. My name only appears in the top of the letter above the salutation where it indicates their letter is mailed to me.

 

So, is this properly validated?  There doesn't appear to be anything in the validation information that connects the debt to me.  I find it odd that my name/address doesn't appear here.  Is that usual?

 

It does provide the info in 2) that I was looking for: who the OC is. (I was never contacted about this debt by either the OC or AllianceOne.) And I can presume the debt is, in fact, mine because the citation has details about my vehicle. I wasn't in Seattle at the time of the citation but my vehicle was.  But I'm wondering if they have properly established that the debt is mine.

 

And, whether the debt validation is proper or not, what do I do next?  Do I call Seattle Municipal Court and see if I can have the debt called back and pay it (hopefully the $78 and not the $121)? It's not clear to me if AllianceOne owns the debt or not.  Or do I contact AllianceOne and PFD?  Or do I dispute to the CRAs?  My goal is to have a clean credit report as soon as possible.

 

 

Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: DV response - Now What?

Those statements have nothing to do with a DV response. That is information that is required to be an an in initial collection notice or 'dunning' letter.

 

You're already past that stage of the game. The total is larger because they are allowed to add statutory interest allowed by Washington State at 12%

Message 2 of 6
Anonymous
Not applicable

Re: DV response - Now What?

Ordinarily, municipalities and courts do not 'pull back' debts - they assign them to their collectors and thats who collects. They usually know they are going to get their money because you gotta get your license renewed eventually - even if you move to another state they will hold it until you pay.

Message 3 of 6
RobertEG
Legendary Contributor

Re: DV response - Now What?

Adequate debt validation requires them to conduct an investigation and make a determination as to whether that investigation provides sufficient documentation to support their determination that the debt is valid.  That they have done.

They are not required to include their documentation, or "prove" the debt is yours, as part of adequate validattion.

There is no judge in a DV process to evaluate evidence and make a determination as to proofs, so provision of documentation is not a required element of the process.

 

To require production of documentation, you would bring legal action and get both discovery and resolution before a court.

That is not within the scope of the DV process under the FDCPA.

 

The effect of their validation is that it now, at least in their opinion, removes the cease collection bar, and they are thus free to continue active collection.

Thus, they can now conduct PFD negotiations with you if they so choose.

Message 4 of 6
kmacqua
Regular Contributor

Re: DV response - Now What?

Thanks, RobertEG. Your answers are always informative.

 

Still looking for suggestions on the next step: contact the court or AllianceOne for PFD? I'd like to take care of this on Monday if I can.  Thanks all!

Message 5 of 6
Anonymous
Not applicable

Re: DV response - Now What?

You can contact the court, it won't hurt. In my experience the court will just refer you to the collector (been there, done that). Won't hurt to ask for PFD.

Message 6 of 6
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