First response to a DV - but unsure how to proceed.

[Anonymous]

Pulled a copy of my credit report, and saw a $200-ish baddie from a CA. So upon the advice of this forum, I send the short-n-sweet DV letter. ("I noticed you claim I owe you a debt; per the FDCPA please send me validation of this debt") on 6/6. I got the CMRRR green card back last week, and heard back today from the CA. In the envelope was my letter stapled to the envelope I sent them with a Post-It note stuck to it:

"Please send us a copy of your credit bureau report. Thank you!"

Do I have to send that? I'm not thrilled with sending them my entire credit report. Not only that, but if they're incurring a charge to report to the CRA's, you'd think they'd be able to look me up. This doesn't seem to be a large agency, frankly. Should I have included more identifying information in the original DV letter? This is the first I've ever sent, so any advice would be great.

Thanks in advance for your assistance

[RobertEG]

The fact of their having sent a dunning notice was certainly evidence that they know who you are.

It is their obligation to verify, not your obligation to provide additional information.

By communicating with you other than providing verification, they have arguably violated their cease collection bar.

I would not send them anything other than a copy of their dunning notice.

[Anonymous]

I've never received a dunning notice from these folks. I only ever saw this on my CR, which I looked at for the first time ever in May. It's got some significant errors, addresses I've never lived at and the like. I have a fairly common name (like "Smith" or "Jones"-level common) so I'm wondering if this is even my charge.

The last thing I want to do is send them my entire CR, mistakes and all, and have them say that this is mine based on an inaccuracy. I could try giving them just the account number of this particular entry - would that be sufficient, and would that constitute admitting the debt?

[Anonymous]

Bumping to the East,
Bumping to the West,
'cause this might be the Creditor that I love the best

[compassion101]

Sounds like they are playing games with you. Interested to see what the experienced people here think about how to handle this. Just as a guess I'd say continue the communication. MAybe write back giving them the names of the CRA(s) reporting and the date the CA last reported? Ask them to confirm they have a reporting relationship with the CRA and re-request validation of the debt.

Not sure what they are required to prove post 30-day dunning, I imagine it's not the same as DV within the 30 days but I'm sure someone here can help with that info.

[RobertEG]

Theri is no issue of timeliness of the DV, as there was no dunning notice, and thus no setting of a 30-day period for requesting verification.

The debt collector has acknowledged receipt of the DV, and thus acknowledges that they are under a cease collection bar.

I would send the following response:

"This is a reply to your communication dated (  ).  Your request that I provide a copy of my credit report is respectfully declined.  Their is no requirement under FDCPA 809(a) for a consumer to provide information regarding their credit history to a debt collector as part of a debt verification request.  As such, your request is without basis.

"Additionally, your request for such information constitutes continued efforts to collect on the debt by soliciting information pertaining to my credit history and status. 

I have no intention of purchasing a credit report for you.   Since my request for debt validation has imposed a cease collection bar under the provisions of section 809(b), such a request is additionally in violation of the FDCPA.

"Please refrain for any further attempts to conduct collection activities on the alleged debt until such time as you have complied with the verifcation provisions of section 809(b)."

[Anonymous]

So I sent the suggested communication to the CA.  This is what I got back:

"The reason we asked you to send a copy of your credit report was that we cannot identify your account with the information provided, and you said we had listed a debt on your credit report. We have a number of InvincibleSummer's in our system, so could you send us your SSN, date of birth, Original Creditor, account number, or the listing on your credit report so we can help you with the verification."

They have my name and address, and it's apparently not enough. How much information is reasonable for them to ask for? Am I just being uptight? This may in fact be my bill, but with no verification I am treading lightly.....

[journey258]

I'm a novice, but I think I'd now dispute with the CRA's as the are, obviously, unable to verify. 

[Anonymous]

That can be problematic too, though...I guess the larger question is "How much information is safe to share with a collection agency?"

There seems to be nothing that statutorially requires me to provide them anything, but I worry that I am overthinking this. I tent to err on the side of caution - little tightly wound, I guess.

[Unoriginalnj]

I would forward a copy of all written communications with the CA to the cra's and dispute account as not valid and request deletion stating that the CA is not only unable to validate this debt but is also in violation of fdcpa. Use regular mail.