@RobertEG wrote:If they responded to your DV request, all that means, whether or not you agree with the substance of their response, is that they have now asserted the right to once again continue active collection activities with you. If you still want to bar them from active colllectin activities, you can send them a letter under FDCPA 805(c.
FDCPA 809(b). which is the DV process, is directed towards the continuance or cessation of actrive collection activities.
The DV process is not a dispute process.
So since I don't believe I owe them any money, what would you recommend my next step be? Dispute with the CRA's? Sorry to keep asking what probably sound like silly questions, but I'm obviously new to this 
Thanks for your time!
@smb0730 wrote:
@RobertEG wrote:If they responded to your DV request, all that means, whether or not you agree with the substance of their response, is that they have now asserted the right to once again continue active collection activities with you. If you still want to bar them from active colllectin activities, you can send them a letter under FDCPA 805(c.
FDCPA 809(b). which is the DV process, is directed towards the continuance or cessation of actrive collection activities.
The DV process is not a dispute process.
So since I don't believe I owe them any money, what would you recommend my next step be? Dispute with the CRA's? Sorry to keep asking what probably sound like silly questions, but I'm obviously new to this
If the collection account is on your credit reports, there is very little -- short of PFD -- you can do to have it removed until 7.5 years have passed from the date they claim you were first delinquent.Two possibilities that come to mind are trying to enlist the aid of the original creditor to document that this is not your account or suing the collections agency and obtain a declatory judgment stating that the debt is not yours.
If your goal -- or one of them -- is to get the collections agency to stop bothering you, you can send them a Cease & Desist letter which they must follow. This will get the phone calls and letters to stop. If you're lucky they will still call you are write to you and then you can get $1500 from them for each time they do. Be aware, however, that if the debt still falls within the statite of limitations, a creditor may then decide to just sue you. Since you believe you do not owe the debt, this may turn out in your favor. But if it does turn out you owe the debt, you have then just shot yourself in the foot and will have a judgment listed on your credit reports.
Maybe I missed it earlier, but can you provde any further information on the issue? CA's name? OC's name? Concept of debt? Amount? State?
@Anonymous wrote:
@smb0730 wrote:
@RobertEG wrote:If they responded to your DV request, all that means, whether or not you agree with the substance of their response, is that they have now asserted the right to once again continue active collection activities with you. If you still want to bar them from active colllectin activities, you can send them a letter under FDCPA 805(c.
FDCPA 809(b). which is the DV process, is directed towards the continuance or cessation of actrive collection activities.
The DV process is not a dispute process.
So since I don't believe I owe them any money, what would you recommend my next step be? Dispute with the CRA's? Sorry to keep asking what probably sound like silly questions, but I'm obviously new to this
If the collection account is on your credit reports, there is very little -- short of PFD -- you can do to have it removed until 7.5 years have passed from the date they claim you were first delinquent.Two possibilities that come to mind are trying to enlist the aid of the original creditor to document that this is not your account or suing the collections agency and obtain a declatory judgment stating that the debt is not yours. I've contacted the OC (Citibank) and they have no record of me in their systems. I had a credit card with them years ago, but paid it off.
If your goal -- or one of them -- is to get the collections agency to stop bothering you, you can send them a Cease & Desist letter which they must follow. This will get the phone calls and letters to stop. If you're lucky they will still call you are write to you and then you can get $1500 from them for each time they do. Be aware, however, that if the debt still falls within the statite of limitations, a creditor may then decide to just sue you. Since you believe you do not owe the debt, this may turn out in your favor. But if it does turn out you owe the debt, you have then just shot yourself in the foot and will have a judgment listed on your credit reports.
Maybe I missed it earlier, but can you provde any further information on the issue? CA's name? OC's name? Concept of debt? Amount? State?
The CA is Asset Acceptance, LLC. The OC is Citibank. They don't state what the concept of the debt is, but since they gave me the account number from Citibank, I figured it was the old credit card. They say the principal amount of what I owe them (CA) is $5,606.86 and the interest is $5,681.47!!!!! RIDICULOUS. I don't where they would've gotten those figures. I live in California. My husband and I are trying to buy a house and a huge part of me wants to just send them a PFD and hope that works, but the other part of me wants to really charge after them and figure out what this is really about. Since they won't provide me with anything showing that I really owe anybody anything I feel backed into a corner......
Thanks so much for responding! I answered your questions above in bold.
@smb0730 wrote:
@Anonymous wrote:
@smb0730 wrote:
@RobertEG wrote:If they responded to your DV request, all that means, whether or not you agree with the substance of their response, is that they have now asserted the right to once again continue active collection activities with you. If you still want to bar them from active colllectin activities, you can send them a letter under FDCPA 805(c.
FDCPA 809(b). which is the DV process, is directed towards the continuance or cessation of actrive collection activities.
The DV process is not a dispute process.
So since I don't believe I owe them any money, what would you recommend my next step be? Dispute with the CRA's? Sorry to keep asking what probably sound like silly questions, but I'm obviously new to this
If the collection account is on your credit reports, there is very little -- short of PFD -- you can do to have it removed until 7.5 years have passed from the date they claim you were first delinquent.Two possibilities that come to mind are trying to enlist the aid of the original creditor to document that this is not your account or suing the collections agency and obtain a declatory judgment stating that the debt is not yours. I've contacted the OC (Citibank) and they have no record of me in their systems. I had a credit card with them years ago, but paid it off.
If your goal -- or one of them -- is to get the collections agency to stop bothering you, you can send them a Cease & Desist letter which they must follow. This will get the phone calls and letters to stop. If you're lucky they will still call you are write to you and then you can get $1500 from them for each time they do. Be aware, however, that if the debt still falls within the statite of limitations, a creditor may then decide to just sue you. Since you believe you do not owe the debt, this may turn out in your favor. But if it does turn out you owe the debt, you have then just shot yourself in the foot and will have a judgment listed on your credit reports.
Maybe I missed it earlier, but can you provde any further information on the issue? CA's name? OC's name? Concept of debt? Amount? State?
The CA is Asset Acceptance, LLC. The OC is Citibank. They don't state what the concept of the debt is, but since they gave me the account number from Citibank, I figured it was the old credit card. They say the principal amount of what I owe them (CA) is $5,606.86 and the interest is $5,681.47!!!!! RIDICULOUS. I don't where they would've gotten those figures. I live in California. My husband and I are trying to buy a house and a huge part of me wants to just send them a PFD and hope that works, but the other part of me wants to really charge after them and figure out what this is really about. Since they won't provide me with anything showing that I really owe anybody anything I feel backed into a corner......
Thanks so much for responding! I answered your questions above in bold.
Some observations: Many OCs purge data from their system on a regular basis -- especially if they sold the debt. As a result, the fact that they don't have you in their system may indicate that at one time or another they believed you owed them money and then sold the debt. Also, just because you think you've paid the account in full doesn't mean that further charges were posted without your knowledge. There could have been recurring charges that continued to post or someone hijacked your account and charged on it. Try to nail Citibank down to a statement that you have never been in default on that account
In a proper DV the CA needs to actually contact the OC subsequent to your DV request before they reply. I am not sure how that applies in situations where the OC sold the debt.
One option may be to actually go to small claims court and sue the CA. Sue them for FDCPA and Rosenthal FDCPA violations and ask the judge also for declaratory relief (i.e. declaratory judgment) stating that the debt is invalid. That should grab the CA's attention and force their hand, but there is the possibility it could backfire if you actually do owe the debt.
