Looking for Advice with an Account in Collection

[Anonymous]

It also does not stop them from putting in your file with that collections agency "hey this guy wanted DV, sell this account to anyone that will take it" and shipping it off to the highest bidder.  Rinse, lather, repeat.

[RobertEG]

The DV proces is a debt collection practices matter under the FDCPA, and involves a request from the consumer directly to the debt collector.

The CRAs are not involved.

[Anonymous]

"Ask for DV and when they don't provide it, the CRAs will delete the whole thing and it won't cost you a dime"

Its not that simple. A DV can legally be ignored if it is not considered "timely". It must be sent within 30 days of "first contact". In your DV, CLEARLY state that you consider their placement of the item on your credit report as "first contact," since you have not recieved anything from them at your current address.

[Anonymous]

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@Anonymous wrote:

Well one of three things will happen, so prepare for each outcome.

You will DV, the company will reply with a complete full beautiful response that Experian will be happy to provide you as it fully meets all the FCRA requirements.  And it'll be the slow march to set a trial date which you will lose and have a judgment.

You will DV, the company will e-Oscar together some random hodgepodge that they will send off and Experian will say in the most passive aggressive note ever written... "they have justified the debt to OUR satisfaction" (they include the caps).  This is a big clue, btw about what to do next.

You will DV, they will realize they have no case or you are not worth their time.  Remember at the end of the day, you will think its the OJ Simpson case, it's just another day at the office for them.  If not you, someone else.  And they want to make money as fast as possible so they don't waste time.  In which case, the debt goes away or they send it back to the original creditor.  This also gives you a big clue about what to do next.

Odds for each:  5%/60%/35% in my experience. 

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A DV has nothing to do with the CRA's. It strictly between the consumer, the CA and the OC. You are describing the Dispute process which is completely different.

[Anonymous]

They can be if you want them to.  If you call up Experian and say hey, I don't recognize this account or do it online that's the process that is kicked off.  

[Anonymous]

If a dispute comes back and it says on your report that we have validated that this account is accurate, that's not DV?

[RobertEG]

A request for debt validation is the subject of FDCPA 809, and is not a "dispute" under the FCRA.

A DV request does not require the showing by the consumer of any inaccuracy in credit reporting.

In fact, a DV request can be sent even if their is no reporting by the debt collector.

A dispute under FCRA 611 is sent to and reinvestigated by the CRA, but requires identification of some specific inaccuracy in the reporting by the debt collector.  A simple validation of debt is not the subject of a dispute of the accuracy of credit reporting.

Yes, both DV and CRA disputes involve verification, but one is only of the validity of the debt, while the other relates to the accuracy of credit reporting.  There is no required period for a DV verification under the FDCPA.  

[Anonymous]

Thank you NormanFH!

I am going to send a debt validation letter to them to show that I am responding to this is a timely manner. I am thinking to send it off sometime this week since the first report date is 12/2017.

I do have another question, you may know or anyone else can chime in: I have a PO Box that I have kept and used while moving from one place to another during my divorce this year and I currently do not live alone, I'm sharing a place.  I do not want to miss thier response if they send one, could I have them send it to that PO Box I have, or do they need to send it to my physical address?  I have had a couple of pieces of mail delayed by it ending up in someone elses mail pile, they weren't crucial, but I don't want to delay receiving and being able to respond.

Thank you everyone for your help and advice

[Anonymous]

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@Anonymous wrote:

If a dispute comes back and it says on your report that we have validated that this account is accurate, that's not DV?

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No, it is not. Its a completely different process, different law, and expected outcome. The intention of the dispute process is controlled by FCRA and is to remove and/or correct inaccurate information. The DV process is regulated under FDCPA and is intended to protect consumers from illegal collection practices.