No response to PFD, do I DV now?

[Familywantsahouse]

I sent out 5 PFD's on Feb 25th CRR, 2 came back and I paid them off and waiting for them to drop off hopefully within 30 days. As for the other 3, these are all CA (two medical and one charged off CC) I offered 25% on the PFD....would you resend a PFD offering a higher amount? or go ahead and DV them now (which I stated in the letter that I was not accepting responsibility for the debt and if I didn't hear back within 15 days I would be requesting a full DV) The one charge off is close to falling off so part of me thinks no way are they going to be able to vaildate the debt 6 years out.

What's the next step? I'm so anxious to keep moving forward!

[Lois5669]

I would've DV'd first and then do PFD, but what's done is done. You could still DV since you said you would. However, with the 2 medical CAs, you have another option. You could try to do the HIPAA process (works for a lot of people..I'm starting it on a few of my medicals next week). Just Google HIPAA process or program.

As for the CO, if it's about to fall off anyway, I'd offer them another PFD for maybe 30% and then go from there. If they don't accept that, then I'd just let it fall off.

That's just what I would do. Doesn't mean it's the best...maybe someone else will respond

[RobertEG]

In my opinion, a DV is not always the first or best step to take.  It depends upon what you are trying to accomplish, and when it is sent.

If you have issues with the actual validity of the debt, the identity of the current or original creditor, want to bar their collection activities, or receive an accounting of the current asserted debt, yes, that is what a DV is for.  Presuming you are not a resident of Texas, they can forgo providing any of that information, and just accept the cease collection bar imposed on them.  Then you are in limbo.  The cease collection bar imposed by your DV stops any PFD negotiations on their part.

Presumably being past the 30 day period for timely DV, a DV at this point would not impose a cease collection bar.  Assumption that they will not be able to verify the debt based on its age is not necessarily true.  All they need to provide verification under the statute is to obtain a yeah or nay from the creditor, and a listing of the current level of the debt.

Documentation is not a statutory requirement.

If you wish to continue the PFD process, a timely DV will shut that door.  An untimely DV can be ignored, as their cease collection penalty for not responding would not be imposed.

I would make another PFD offer, and hope for the best, or just wait for it to die of its own old age.