Letter from CA regarding DV letter- Question

[Anonymous]

Hi All,

I have been trying to get my collection accounts taken care of as a start to rebuilding my credit.  I have sent out a couple debt validation letters and have a question about one inparticular.  I mailed a DV to a CA on the 2nd of June and recieved the green card with a response letter today, the 4th...they didn't waste any time...

Here is what the letter said:

"This is in response to your letter dated May 24th, 2010 in regards to the XXXXX account for $104.82.

I have contacted the office of XXXXX and requested that a complete itemized statement be sent to you for this account.

Notices pertaining to this account were sent to you on ...blah blah blah.

No response was received to any of the notices and no payments have been received.

When an account is placed with a collection agency the debtor has 30 days from the date of the first notice in which to dispute the account.  This account was placed for collection on August, 21, 2006 and no dispute was made on the account.

Our records also show an open account balance of $131.98 that was placed for collection on 9/5/06 in the amount of $131.98.  No payments have been made on this account.

The total of the accounts placed with this office for collection is $236.80.  Arrangements can be made, with this office, from regular weekly or monthly payments."

My questions are as follows:

1. Before I do anything else I have to wait for the itemized statement from the OC?  and does this mean the OC or the CA still owns the account?
2. Is the itemized statement proper validation?
3. The open account that they are referring to is not listed on ANY of my credit reports- what do I do about that one?
4. Depending on answers above what should I do next?

Thanks for any help!

DD

[guiness56]

Hi and welcome to the forums.

The letter you recieved from the CA is exactly what they are supposed to do when you DV them.  Though by law you have 30 days from the first dunning notice to dispute or ask who the OC is, they have responded.

1.  You do not have to wait but it would be advisable.  Is this your account?

2.  Yes, the itemized statement from the OC is proper validation.

3.  I would send them a DV on that one also. 

4.  If it is your account and satisfied with the statement from the OC, ask for a PFD.

[Anonymous]

Hi!

Thank you so much for responding!

I believe the first account is mine- although I question the amount and the date.  The second one, I havent got a clue about and cant find anything regarding that account on any of my credit reports.  I will do a DV on that one as well.  The other, I will wait to get an itemized statement and then PFD, but do I PFD the OC or the CA?

Thanks again!

DD

[RobertEG]

I am not sure you understand the DV process.

If they provided you proper collection notice, that included advisement of your DV rights, and you did not exercise those rights within 30-days of their collection  notice, you have lost any right to compel anything.

[Anonymous]

Yes, your right Robert- apparently I do not understand the DV process.  They may have sent me a notice and it would have been 4 years ago- so your saying that since I didnt respond within the 30 days, 4 years ago- I lost all rights to verify this debt? 

[MarineVietVet]

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@Anonymous wrote:

Yes, your right Robert- apparently I do not understand the DV process.  They may have sent me a notice and it would have been 4 years ago- so your saying that since I didnt respond within the 30 days, 4 years ago- I lost all rights to verify this debt? 

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Even though the 30 day window has long closed you can still send a DV letter. There are posts where people (including one of our moderators) did this and still got a response although the CA does not have to respond. All you can do is send it. You certainly won't get an answer without it.

There is one exception to this. If you live in Texas there is no 30 day time limit to send a DV request.

From a BK years ago to:
9/09 EX pulled by lender 802
3/10 EQ- 800
4/10 TU -772

You can do the same thing with hard work

Credit Scoring 101
Common Abbreviations
Frequently Requested Threads
Whats In Your FICO Score

[smb0730]

What if you receive a response from the CA to your DV letter, but it is a statement on the CA's letterhead and it only states the OC, the alleged account #, and the principal amount owed, plus interest? Is this sufficient validation? If not, now what? I tried to contact the OC and they don't even have me in their system...

[guiness56]

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@smb0730 wrote:

What if you receive a response from the CA to your DV letter, but it is a statement on the CA's letterhead and it only states the OC, the alleged account #, and the principal amount owed, plus interest? Is this sufficient validation? If not, now what? I tried to contact the OC and they don't even have me in their system...

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Yes, that isproper validation according to the FDCPA.

[Anonymous]

I keep reading about people receiving a green cards from CA's, what is a green card?

[MarineVietVet]

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@Anonymous wrote:

I keep reading about people receiving a green cards from CA's, what is a green card?

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The green card is the receipt that is signed by a recipient to prove it was delivered when you send a letter CMRRR (Certified Mail Return Receipt Requested).

From a BK years ago to:
9/09 EX pulled by lender 802
3/10 EQ- 800
4/10 TU -772

You can do the same thing with hard work

Credit Scoring 101
Common Abbreviations
Frequently Requested Threads
Whats In Your FICO Score