Need some help with timely DV letter

Anonymous · ‎10-03-2016

So i'm a couple months into my credit repair journey and BOOM! I get a letter saying one of my accounts has been placed for collection, with Accelerated Servicing Group LLC, the amount is a little over $4800. However they are saying the origional creditor on the account was Brightwater Captial LLC. I have NEVER had an account with them. However the account I am thinking this is refering to is an account I had with synchrony bank. Last I remember this account was only around $3400 so i'm wondering how much fees have been charged. Anyways they say I have 30 days to dispute the validity of the debt. So I would like to know what type of DV letter should I send them because I am unsure if this is indeed fraud. I did some searching here and what I have found has been vague. I've read somewhere that in the letter I should include tracking number in the letter? I really appreciate the wealth of knowledge this forum has. I appreciate any advice you have for me. Thank you very much in advance.

RobertEG · ‎10-03-2016

It is possible that ownership changed from the OC to a second creditor prior to the debt collector obtaining their collection authority.

The owner named in a collection ("dunning") notice need not be the original creditor.

In such cases, that is why FDCPA 809(b) also permits the consumer to additionally request, in their DV, the name of the original creditor.

A sample DV that requests both verification and the name of the OC if provided below.

Once they have provided the name of the OC, you can then determine whether you wish to file a police report and assert that you never had a debt with the named original creditor.

"This is a request for debt validation under FDCPA 809(b).

I request verification the amount of the asserted debt, an itemization of the pricipal balance and the asserted interest, and the name of the orginal creditor."

Anonymous · ‎10-09-2016

Thank you Robert!

Here is my DV letter tell me what you think. I'm sending it out in the morning.

Below is the sample letter I have formed. The PD number is the usps tracking number right with proof of receipt?

hopefullydebtfree
1234 Any St
Any City, FL
Accelerated Servicing Group
5500 N Bailey Ave #200
Amherst, NY 14226
Date: _________ PD#____________
Re: Acct # xxxx-xxxx-xxxx-xxxx
To Whom It May Concern:
This letter is being sent to you in response to your attached letter.
This is not a refusal to pay, but a notice that your claim is disputed.
Under the Fair Debt Collections Practices Act (FDCPA) 809( B), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.
Your legal staff will agree that compliance with this request is required under the laws of Florida and Federal Statutes.
In addition to the questionnaire below, please attach copies of:
Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.
Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
An itemization of the principal balance and the asserted interest.
Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.
Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns
I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.
In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .
I also hereby reserve my right to take private civil action against you to recover damages.
Sincerely,
Your Name
-------------------------------------------
Debt Validation Form
Questionnaire to be returned :
Account #: ____________________
Original Creditor's Name: _________________________________
Name of Debtor: ______________________________________
Address of Debtor: ___________________________________
Balance of Account: __________________________________
Date you acquired this debt: _________________________
This Debt was: assigned ___purchased___
Please indicate any credit bureaus to which you have reported on this account:
Experian ______
Equifax ______
TransUnion ______

rmduhon · ‎10-10-2016

You might want to remove the dispute part and replace it with 'this is a request for validation' instead otherwise they are likely to treat the letter as a dispute and not a validation.

RobertEG · ‎10-10-2016

There is no basis for requiring a response within 30 days. The DV proess sets no requirment or period for response.

A timely DV invokes a cease collection bar, which remains in place until they have first provided verfication.

They can choose to delay (or never respond) without any violation.

Anonymous · ‎10-10-2016

@RobertEG wrote:
There is no basis for requiring a response within 30 days. The DV proess sets no requirment or period for response.
A timely DV invokes a cease collection bar, which remains in place until they have first provided verfication.
They can choose to delay (or never respond) without any violation.

First of all thank you both for replying. Fortunately the post office was closed yesterday due to columbus day. So I still have some time to make adjustments. Robert it says in the letter they sent to me that if I responded they would have 30 days to respond to that letter.

Is there a difference between the dispute and debt validation requests?

rmduhon · ‎10-10-2016

I'm not totally sure, but if they treat it as a dispute then they have 30 days to respond, which means a later validation request wouldn't be timely unless you live in a state that has advanced validation requirements

Anonymous · ‎10-11-2016

@rmduhon wrote:
I'm not totally sure, but if they treat it as a dispute then they have 30 days to respond, which means a later validation request wouldn't be timely unless you live in a state that has advanced validation requirements

Thanks again for replying. I'm in florida if that helps. And I am wanting them to treat it as a dispute because I don't recognize the OC.

rmduhon · ‎10-11-2016

I'm not sure if Florida is a state that has advanced validation requirements. You can always dispute the account if the validation doesn't work or comes back with an unknown OC since there is no time limit for disputes, but time wise you only have 30 days to send a DV letter. After that it can be ignored.

Anonymous · ‎10-11-2016

@Anonymous wrote:
@rmduhon wrote:
I'm not totally sure, but if they treat it as a dispute then they have 30 days to respond, which means a later validation request wouldn't be timely unless you live in a state that has advanced validation requirements
Thanks again for replying. I'm in florida if that helps. And I am wanting them to treat it as a dispute because I don't recognize the OC.

OK, you really need to understand the difference between a "Dispute" and "Debt Validation". A dispute falls under FCRA which regulates how debts are reported to CRAs. Its purpose is to get incorrect information corrected. There must be an assertion that some portion of the reported data is not correct. If you belive a reported debt is not yours at all, there is a completely separate process for that (FCRA 605B).

Debt Validation OTOH, is under FDCPA which is the law regulating debt collection practices, and has nothing to do with the reporting of information. It requires a collector to provide you with certain information regarding the debt - its origin, the original amount and when the debt was incurred. A DV has the effect of putting a "collection bar" in place until the collector validates the debt. If it has not been reported to CRA's they are barred from doing so until they validate. If already reported, there is no requirement (under FCRA) to remove the report, but some states may have such requirements. Texas is one. I do not believe Florida has any such requirement.

If you have recieved a debt collection letter (dunning notice) and it has not been reported yet, then there is no information to dispute. You want to request Debt Validation, nothing more. Tossing a dispute into the mix merely muddies the water and confuses everyone.