Help with DV template

[bellajo76]

Hey all!

I am new to this site and have terribly low scores due mostly to medical bills that went to collections over 5 years ago.

I have gone through all 3 of my reports and there are a couple of entries that I do not beleive are mine posted from CA's.
Can anyone provide me with a DV template that I can use? Do i send this certified to the CA's or OC?

Thank you for any help!

[tomfromrictmame]

Welcome.  DV's are sent to the CA http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/What-Steps-Do-I-Take-Do-I-DV-PFD/td-p/337142.  They are short and sweet where you are asking for a validation of the debt.  You may also want to specifically say you are not disputing the TL.

[bellajo76]

Thank you for the info!!

[RobertEG]

A DV that simply states "This is a request for validation of the debt under FDCPA 809(b)" is sufficient, uness you also want the name of the orginal creditor to aid you in identification of the debt, and you want an itemization of the asserted debt.

A request for the name of the OC is specirically provided for under section 809(b), and must be separately included in the DV request if desired.

A request for itemization of the asserted debt is not specifically mentioned in section 809(b), but has been affirmed by case law as necessary for a consumer to evaluate whether any amounts are authorized under FDCPA 808(1), which makes it a violation of the FDCPA for a debt collector to attempt to collect any amount that is either not specifically auhtorized in the agreement that created the debt, or is otherwise premissbe by law.

Thus, two additonal requests may be included, one asking for the name of the OC, and the other for an itemization of the asserted debt

Very concise.

[bellajo76]

Hi Robert,

This is good info. So, the CA's need to send me itemizations etc. Without that, is the debt invalid?

Sorry you have probably answered this a million times.

I am brand new to this and just dont want to open up a can of worms if it happens to be my debt.

I am getting the feeling that this is very tricky. By my sending a DV can they restart the clock on a debt if it turns out to be mine?

Thank you!

[guiness56]

A CA does not have to ever respond to a DV.  But they do have to stop any and all collection activity until they do validate.  If the DV is timely.

If part of what you ask for is an itemization and they do not send it, they have not fully validated. 

No, nothing can restart the time it can report.

[bellajo76]

One last question - if this debt is several years old, is it still worthwhile to send a DV? I'm talking 6 years...I know i know...shame on me for sure.

The reason i brought up the whole "re start the clock" is because i spoke with a home lender who said that CA's can and will falsely report a debt on my credit report even after the 7 year mark (if purchased by a new CA) and for me to get it removed is a ton of work...

Thanks to all of you for even taking the time to answer my post.

[guiness56]

CAs can and sometimes do falsely report things.  If you can prove otherwise, they will normally delete.

When a CA purchases a debt that has been bought and sold 10 times, the original DoFD from the OC account still applies. 

[bellajo76]

Ok, I am going to make the attempt and send a DV CMRRR. Cant hurt....