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I received 2 letters for 2 diff acct from Convergent. One is for Paypal and the other is for Centurylink and both offered settlements if paid in full. There is no date listed so I don't know the SOL of these debt, they only listed the orginaal creditors and acct numbers and both are not in any of my reports.
Can I have help writing DV for these two accts, I don't want them to change it to dispute stat because I'm buying a house in a couple of months.
Thanks!
In a DV request, the consumer is entitled to verifcation, the name of the current creditor, the amount of the asserted debt, and if additionally requested, the name of the original creditor. Case law has held that a consumer cannot adequately evaluate the asserted debt without an itemization.
They are not required to provide any dates, and certainly not to opine on the SOL status of the debt. That is a consumer defense that they are not a party to.
You are wise to emphazize that it is not a dispute of their credit reporting, as many debt collectors seem to have a practice of treating a DV as a dispute.
Before sending a DV, be aware that it invokes an automatic cease collection bar on the debt collector if timely (i.e., sent within the 30-day period set in their dunning notice). As such, it will put any settlement or PFD negotiations into limbo until they have provided the requested validation. You may wish to forgo a DV should immediate negotiations be your priority.
Suggested:
"This is a request for validation of the debt under FDCPA 809(b), including verification of the debt, the name of the current creditor, (the name and address of the original creditor,) and a complete itemization of the debt.
This is NOT a dispute of accuracy of credit reporting under FCRA 623(a)(8)."
@RobertEG wrote:In a DV request, the consumer is entitled to verifcation, the name of the current creditor, the amount of the asserted debt, and if additionally requested, the name of the original creditor. Case law has held that a consumer cannot adequately evaluate the asserted debt without an itemization.
They are not required to provide any dates, and certainly not to opine on the SOL status of the debt. That is a consumer defense that they are not a party to.
You are wise to emphazize that it is not a dispute of their credit reporting, as many debt collectors seem to have a practice of treating a DV as a dispute.
Before sending a DV, be aware that it invokes an automatic cease collection bar on the debt collector if timely (i.e., sent within the 30-day period set in their dunning notice). As such, it will put any settlement or PFD negotiations into limbo until they have provided the requested validation. You may wish to forgo a DV should immediate negotiations be your priority.
Suggested:
"This is a request for validation of the debt under FDCPA 809(b), including verification of the debt, the name of the current creditor, (the name and address of the original creditor,) and a complete itemization of the debt.
This is NOT a dispute of accuracy of credit reporting under FCRA 623(a)(8)."
Thank you for the reply. Is there anyway I can check on the dates though. I don't remember owing anything to 2 of these company. My paypal is still active and I don't remember having an acct with centurylink.
Then you will need to do your own investigation to determine if this is a mistake or a case of identity theft. I would contact the company and ask what information they have and are willing to give you concerning these accounts.
Duh, lol. I should've thought of this myself. They did gave me the original acct. Thank you