I need help from DV to collections

[TrishN]

I sent DV to collections.

I asked for:

Ogirinal copy with my signature on it.

My payment history.

They return with regular mail.

They said they will notify credit reporting that I dispute.

So wnext is next? I asked for document not a dispute.

Thank you please help

[llecs]

Per the FDCPA, they don't have to provide a contract copy or payment history. You can certainly ask for it though. You'll have more luck contacting the OC for that info. If you sent a DV letter and invoked the FDCPA within that letter, they will have to provide you the balance, OC name, their contact info, and a copy of the judgment if sued.

[TrishN]

What is FDCPA? Please 

[llecs]

The Fair Debt Collection Practices Act

§ 809.  Validation of debts   [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

[TrishN]

Do I need to send them another letter mention about FDCPA?

[RobertEG]

When did you receive their formal collection ("dunning") notice, advising you of their collection on the debt?

If you send a DV after 30 days from dunnning notice, it places no cease collection bar on them, and they can proceed without response.

Even if timely (i.e., sent within 30 days of dunning notice), it still does not compel their response.  It imposes a cease collection bar on them until they obtain verification of the debt and forward that statement to the consumer.  As stated in an earlier post, verification need not provide docuentary evidence to support their statement of verification.

The overiding issue remains the unpaid debt.  A DV, if timely, will shut off their active collection activities until such time as they chose to provide verification, but once they do so, you still have the issue of the debt to deal with. 

The DV process is primarily a temporary reprieve provided to consumers against collection activities until they have been provided sufficient information to enable them to evaluate where the debt supposedly originated, and its current amount. 

[TrishN]

I never receive any note from them. When I pulled my credit report. They just in there.

[Shogun]

If you just found it on yur CR and never received a dunning notice, I would consider the DV timely.

[TrishN]

I did complaint with BBB . They return they send for me a not in 2011. But I never get it