Reply
Established Member
smb0730
Posts: 24
Registered: ‎05-27-2010
0

Re: Debt Validation

They finally responded to my DV letter, but it was a statement on their own letterhead and only gave the name & account # of the OC and the principal + interest amounts. I thought they were supposed to give the address of the OC as well as the original agreement stating that they own the account. I've called the OC and they can't pull up any information on me. What do I do now? Another DV to the CA or do I dispute with all three CRA's???

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
0

Re: Debt Validation


smb0730 wrote:

They finally responded to my DV letter, but it was a statement on their own letterhead and only gave the name & account # of the OC and the principal + interest amounts. I thought they were supposed to give the address of the OC as well as the original agreement stating that they own the account. I've called the OC and they can't pull up any information on me. What do I do now? Another DV to the CA or do I dispute with all three CRA's???


That's all the FDCPA states they are required to give.  That they have to provide original applications and evidence of owning the account is an old wives tale.

IAALBNYL
Mega Contributor
RobertEG
Posts: 17,816
Registered: ‎03-19-2007
0

Re: Debt Validation

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.

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
0

Re: Debt Validation


nyccc2 wrote:


Thresh wrote:
Thanks for for the advice. I am going to send them a DV letter and tell them that I just received the letter.




Personally, I'd wait for the *next* letter and say this is the first I've heard and am DV'ing. Otherwise they have 'proof' that you received the January letter and missed the 30 day window. If you wait for the next letter, then you can say 'this is the first I've heard of this, I am DVing'. They can say they sent a prior one all they want, I'd think they have to PROVE that and the preponderance of evidence would be your reply to their subsequent letter. Not a lawyer but that seems best to me.

False.

 

They have to prove nothing.  All they have to do -- if and when you sue them for FDCPA violations -- is show they have a business process which includes responding to DVs.

IAALBNYL
Established Member
smb0730
Posts: 24
Registered: ‎05-27-2010
0

Re: Debt Validation


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 :smileyhappy: Thanks for your time!

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
0

Re: Debt Validation


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 :smileyhappy: Thanks for your time!


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?

 

 

 

 

IAALBNYL
Established Member
smb0730
Posts: 24
Registered: ‎05-27-2010
0

Re: Debt Validation


O6 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 :smileyhappy: Thanks for your time!


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. :smileyhappy:

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009
0

Re: Debt Validation


smb0730 wrote:

O6 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 :smileyhappy: Thanks for your time!


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. :smileyhappy:


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.

 

 

 

 

IAALBNYL
Regular Contributor
stoopidmunkee
Posts: 207
Registered: ‎01-28-2009
0

Re: Debt Validation

[ Edited ]

I have a few quick questions on the best way to write or send out an DV sorry If I didn't read this full thread to get ideas, but I came across a site that had sample letters and I wanted to know you're guys opions on which would be the best one to send out?

 

 

Edited to remove some links to a website that violates our Credit Repair Discussion Guidelines, Terms of Service, and User Guidelines that prohibit the promotion of certain types of credit repair. However, feel free to copy and paste the letter here if you want to; just make sure it doesn't say "copyright" anywhere. - llecs, myFICO moderator.

CITI - $3500 - CAP1 - $750 - RZMC - $600 - BOA - $600 - CAP2 -$500 - Credit Union $500

TU: 707 (From Wal-Mart's website) * Finally made the 700 club!!!!!!!*
Moderator Emeritus
llecs
Posts: 32,881
Registered: ‎08-04-2007
0

Re: Debt Validation


stoopidmunkee wrote:

I have a few quick questions on the best way to write or send out an DV sorry If I didn't read this full thread to get ideas, but I came across a site that had sample letters and I wanted to know you're guys opions on which would be the best one to send out?


To opine on the letters, both you posted have been posted in here before. I used to use the latter one in the past. IMO, both are legally and factually incorrect. A CA doesn't have to provide all of that info like payment history or agreements between the OC and CA. IMO, these letters are cookie-cutter letters and CAs laugh at them now because they are used so many times. There is a forum I troll from time to time that is for CAs only and every now and then they'll comment about these letters. Some of their comments are funny. I believe the best results come when you customize a letter starting with the paragraph in the first post of this thread. Add to that info that might pertain to your state like a detailed accounting. YMMV based on where you live. The letter would sound more credible and treated a little more seriously. It would sound more legalistic and might lead to an assumption by the CA that you are working with an attorney.


myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+
}