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No real DV from CA

Contributor

No real DV from CA

I sent a DV letter to the CA. Today I received a letter from the CA (CKS Financial) stating I have to contact the OC fror debt validation. The OC was Continental Finance. They sold to Delmarva. Delmarva sold to CKS. What should I do now?

Starting 8/12 EQ- 522, TU 542. Current 5/14 EQ-664 TU-686 EX-unk
Goal to keep building up my credit.
Message 1 of 17
16 REPLIES
Moderator Emeritus

Re: No real DV from CA

Is CKS financial trying to collect on the debt?   Are they appearing on your CR?  You don't DV the OCs, you DV the CA.  

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 2 of 17
Contributor

Re: No real DV from CA


Shogun wrote:

Is CKS financial trying to collect on the debt?   Are they appearing on your CR?  You don't DV the OCs, you DV the CA.  



CKS is trying to collect. I DV'd CKS and their response was for me to contact OC. They are not appearing yet.  I sent them th DV letter as soon as I received their collection notice.

Starting 8/12 EQ- 522, TU 542. Current 5/14 EQ-664 TU-686 EX-unk
Goal to keep building up my credit.
Message 3 of 17
Moderator Emeritus

Re: No real DV from CA

If they sent you a collection notice, you sent them a DV, they can't report to your CR until they validate the debt.  There is no reason to DV the OC, they aren't the ones who sent you the dunning notice.  I hope you sent that CMRRR so you have a record of them receiving it.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 4 of 17
Contributor

Re: No real DV from CA

Thank you, I have the actual letter from CKS that I'll hold on to. Do I need to do anything else?

Starting 8/12 EQ- 522, TU 542. Current 5/14 EQ-664 TU-686 EX-unk
Goal to keep building up my credit.
Message 5 of 17
Contributor

Re: No real DV from CA

I called the OC. They said Delarva owns the debt. after I dv'd CkS I never heard from them.
Starting 8/12 EQ- 522, TU 542. Current 5/14 EQ-664 TU-686 EX-unk
Goal to keep building up my credit.
Message 6 of 17
Epic Contributor

Re: No real DV from CA

You send the DV to CKS and if they refuse, file a complaint with the FTC for refusing to validate.  The CA cannot tell you to get valdation from the OC, it is their job.  If you have the letter from them, include that in your complaint.

Message 7 of 17
Established Member

Re: No real DV from CA

Everyone...be sure to check out this account first as you previously mentioned it was from Continental Finance. When was your account opened with Continetal? They were hit with a large suit by the FDIC and were forced to stop reporting to all three credit bureaus. I am going through this right now as Continental and CKS are showing on my report. Also, if you fall within the guidelines...you are also due restitutions from Continental.

 

SEE: http://www.fdic.gov/bank/individual/enforcement/2008-12-03.pdf


Starting Score: 579 (FEB 2013)
Current Score: 618 (April 2013)
Goal Score: 660


Take the myFICO Fitness Challenge
Message 8 of 17
Community Leader
Epic Contributor

Re: No real DV from CA

Their letter is essentailly meaningless.  It just says they have not yet done something for which they are under no period to have completed.  It's a favor, not a violation.

 

One does not file a complaint or dispute over lack of debt verification from a debt collector.  The DV process does not compel the debt collector to provide verification at any specific time, and in fact, they could choose never to respond.  The DV process was enacted to provide the consumer relief from ongoing collection activities by a debt collector until the debt collector has provided verification.  If the DV is tinely, the requirement imposed on the debt collector is to cease active collection.

 

Violation of the statute occurs only if and when the debt collector continues collection on the debt without having first provided the requested verification.

That is the time to file a complaint for violation of FDCPA 809(b)/

Message 9 of 17
Contributor

Re: No real DV from CA

My account was opened in 2007
Starting 8/12 EQ- 522, TU 542. Current 5/14 EQ-664 TU-686 EX-unk
Goal to keep building up my credit.
Message 10 of 17