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How do I dispute a debt by mail?

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Anonymous
Not applicable

How do I dispute a debt by mail?

A previously disputed baddie was removed from my credit report after doing an online dispute. It has popped up today on Experian with a different creditor.

I've read that the online dispute isn't the best way to go but I'm not sure what to do. I've found a DV letter but I've had no correspondence from the debt collector so not sure how to proceed. Any ideas?
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RobertEG
Legendary Contributor

Re: How do I dispute a debt by mail?

There are two types of "disputes."  The distinction appears relevant to your situation, in that you reference a prior dispute that resulted in deletion ot a "baddie."

Was that prior dispute a request for debt validation under the FDCPA, or a dispute of accuracy or their reporting to a CRA under the FCRA?

The post seems to mix DV and FCRA-type disputes, leading to confusion.

 

The common use of the term "dispute" is with respect to the accuracy of information that has been reported to a credit reporting agency.

They are covered as credit reporting under the FCRA, and require the consumer to assert and document some error.

They can be filed either via a CRA or directly with the party who furnished the information to the CRA.

On-line disputes are those filed with a CRA using their web site, and relate only to disputes filed under the FCRA.

 

The FDCPA, unfortunately, also uses the term "dispute" to relate to a consumer contesting a debt, in whole or in part, by written communiation to a debt collector.

FDCPA 809 provides a procedure for a consumer who simply requests validation of the asserted debt to send a request to the debt collector without documentation of an acutal error.  If such a request, called a debt validation (DV) request, is sent either prior to receipt of a collection ("dunning") notice from the debt collector or within 30 days of receipt of a dunning notice, it imposes a cease collection bar on the debt collector, which remains in effect until the debt collector has sent the requested debt validation.

DV requests are required to be in writing.  Thus, when it is sent is important, and thus it is prudent to document its mailing date by sending certified mail, return receipt requested (CMRRR).

 

With that as a background, if your prior dispute was under the FCRA and its outcome resulted in the deletion of a reported collection, then attempts by anyone to resinsert that deleted collection must meet specific preconditions under the FCRA.  If that is your situation, you may have a possible issue of whether their credit reporing itself is proper.

 

However, if the prior "dispute" was also a DV request, there is no such restriction on reinsertion in your credit report.

Send your DV to the address of record in your credit report.

 

Thus, in summary, what was your prior "dispute," and is your current "dispute" a request for debt validation under the FDCPA?

 

 

 

 

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