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Help with this Dv response I received

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Anonymous
Not applicable

Help with this Dv response I received

I've sent two DV letters to SST using the full media validation I found on this site. They are reporting on my husband's CR. We had no idea why SST was reporting or what this account was. I asked for full media validation but received a letter from TRS (who is part of SST) saying

Account #xxxxxx
Balance 767.50
Creditor CIGPF1 Corp



We appreciate the opportunity to serve you. Tempest Recovery Services remains committed to maintaining a high level of customer satisfaction and welcomes the opportunity to assist.

TRS was retained by Systems and Systems Technologies, Inc as the collection agency to service your account. Notification was mailed to you on 8/7/2007 advising of this transition. In this letter, we also stated that if you were disputing the validity of your debt, you had 30 days to contact us with your dispute. Provided no dispute of the debt was made within the 30 days, the debt was deemed to be valid. Thus, this letter serves as confirmation of the validity of your account balance and your obligation to pay under the credit agreement.

Should you have additional questions, ..........



I then responded with a second letter (both were CMRR) stating that I had no account with CIGPF1 Corp and would like to receive validation for this debt. They responded with an identical letter. Since then, I have called and found this was for an old Providian charge off from about 4 years ago that we settled and paid with Providian. I don't have any proof of this and Providian has no informaion on the account. The rep at SST told me that the only way that I can do anything was to send a letter requesting validation which is what I did and I keep getting the same letter from them.

What should I do next?
Message 1 of 5
4 REPLIES 4
Anonymous
Not applicable

Re: Help with this Dv response I received

Oh, I wanted to add, I talked to the rep after sending the first letter and before the second one and received the same response.
Message 2 of 5
RobertEG
Legendary Contributor

Re: Help with this Dv response I received

Appears to be a totally, totally inadequate legal response by them under the FDCPA.
If you sent a proper DV letter within 30 days, then they must provide you with full substantiation of the debt, their contract to collect as an agent of the OC, and their bonding authority in you state to act as a CA.  Their vanilla boilerplate is not in compliance.  I would shoot them back a qick letter stating that they are non-compliance with the FDCPA.
 
The proof of the debt and your obligation must come from them, not from you.  Hey, that is the entire thrust of the FDCPA, and the reason for your DV letter! 
 
Furthur adding legal injury is their threat that any failure to DV is an admission of oblgation of debt is also is further in violation of the FDCPA.  That is NOT true, period!
 
You are dealing with high pressure tactics that are protected under the FDCPA.
 
Next steps?  Send them an immediate letter of non-compliance with the DV requirements of the FDCPA.  I would not argue any case-specific details with them.  It is their obligation to provide that to you.  The ball is in their court.
 
 
 
 


Message Edited by RobertEG on 09-03-2008 01:15 AM
Message 3 of 5
Anonymous
Not applicable

Re: Help with this Dv response I received

They mention that they mailed you a letter on 8/7/2007.......did you receive this letter?
 
What state are you in?
 
Is it reporting as paid or unpaid on your CR?
 
Did you use your checking account to settle this debt? If so, do you still have that checking account?
Message 4 of 5
Anonymous
Not applicable

Re: Help with this Dv response I received

I don't remember receiving a letter from them on 8/7/2007. I can't say for sure on that though.


It is reporting as unpaid with the 768 balance on the CR. I did use a checking account when I paid the settlement with Providian but I no longer have that account.

I'm in California.
Message 5 of 5
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