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Got a response from a PFD - Now I'm confused

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RobertEG
Legendary Contributor

Re: Got a response from a PFD - Now I'm confused

IMHO, sending a DV letter now was the wrong step.  Section 609 of the FDCPA requires that any DV letter must assert a dispute of the debt.  You apparently dont dispute the debt. 

This should have been done before your PFD offer, if you disputed the debt.

They have no time obligation to respond to your DV letter, and just muddies the already murky waters.

I think it is a waste of paper, at this point.

 

Message 11 of 15
Anonymous
Not applicable

Re: Got a response from a PFD - Now I'm confused

RobertEG: I appreciate the response but instead of telling me that was the wrong step and why it was - could you possibly tell me what would have been the correct step? I'm sure this will help me in the future as well as others who view this thread who may have similar problems/situations.

 

I already sent two PFD letters and they are just writing me back with run around information. I can PIF and I want this removed. I do not want to PIF and have it sitting on my CR's for the next x years.

Message 12 of 15
Anonymous
Not applicable

Re: Got a response from a PFD - Now I'm confused

if you use one of the standard PFD letters, it states "if you don't accept I will request fomral DV"

 

at this point they will have to send you a validation - if they don't respond, and still report after 30 days of receipt, you fire off complaints to the AGs, the BBB and the FTC for their reporting a debt without having validated. their defense would "didn't request within 30dd" - you respond "I tried to resolve amicably".

After filing the complaints, you can send an ITS letter for failure to validate and continuing collection - then you could file a suit against the CA in small claims.

 

 

While is true that technically you should have requested validation within 30 days of initial contact by the CA, tll the agencies, and the courts look very favorably to any amicable attempt to resolve a situation before resorting to a formal complaint.

 

generally the combined pressure of the complaints and of a lawsuit go a long way towrds resolving this type of issues.

Message 13 of 15
Anonymous
Not applicable

Re: Got a response from a PFD - Now I'm confused

I got them to accept a PFD!!!! Please see this new thread I created for the rest of the details! http://ficoforums.myfico.com/fico/board/message?board.id=rebuildingcredit&thread.id=50205
Message 14 of 15
Anonymous
Not applicable

Re: Got a response from a PFD - Now I'm confused

bump for success!
Message 15 of 15
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