cancel
Showing results for 
Search instead for 
Did you mean: 

Just send the "generic" Dispute validation letter back?

tag
bruiseviolet
Frequent Contributor

Re: Just send the "generic" Dispute validation letter back?


@RobertEG wrote:

You did the correct thing by sending a DV.

 

There is a subtle, yet in your case, important distinction between what they must tell you in a dunning notice under section 809(a) and in a debt validation letter under section 809(b).

 

Section 809(a) requires that, in their dunning notice, they must tell you the name of the creditor to which the debt is owed.  Apparently, the OC sold the debt to LVNV.

 

In response to a DV request, they are required, if requested, to provide the name of the original creditor.  That distinction in the statute is intented to provide the consumer means to identify the original account under which the debt was incurred in situations such as yours.

Unfortunately, section 809(b) specifies the requirement to provide the name and address of the original creditor as an "or" provision, requiring that it be specifically requested in your DV letter.  While your DV was indeed short and sweet, it did not specifically ask for that information.  You can still request it.  Hopefully, they will provide it on their own.


Thanks for the insight.  I always ask my questions/share my letters a few days before I actually mail them- so there is still time to change it =)

Message 11 of 11
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.