Credit Card Center Advertiser Disclosure

Posts: 91
Registered: ‎01-24-2013
0 Kudos

Proper response to send to CA after inadequate DV response

Hello all,


I sent a DV to a collection company and filed a dispute of the account with the bureas at the same time. They verified while the account's validity was in dispute. They also sent inadequate validation. What would be the next step in letter content to the CA to get this removed from credit. Any input is greatly appreciated.

Hoping to hit 700 soon!
Moderator Emeritus
Posts: 14,122
Registered: ‎04-15-2011
0 Kudos

Re: Proper response to send to CA after inadequate DV response

You tried what some refer to as the "1-2 punch".  It doesn't work.  There's a flawed misconception that if you DV and bar them from collecting, they won't be able to verify the account with the CRAs.  That isn't so.


What was their validation?  If they listed the amount and the original lender, that pretty much covers 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.
Community Leader
Epic Contributor
Posts: 29,726
Registered: ‎03-19-2007
0 Kudos

Re: Proper response to send to CA after inadequate DV response

+! regarding the so-called "1-2 punch" tactic of sending a DV as a bar to verifiying a dispute under the FCRA.


The FCRA requires a furnisher to investigate a dispute referred to them by a CRA, and respond back to the CRA.

It is a lame interpretation of statute that the cease collection bar imposed under FDCPA 809(b) was intended to prohibit a furnisher from complying with another express requirement of statute.  Those who advocate such an interpretation have never found a court to agree with that interpretation.  Verification of a dispute is not a collection on the debt that is barred by the FDCPA.


As for lack of adequate verification of the debt, what is your basis for that assertion?  An assertion of inadequacy of verification must be affirmed by a judge to become a legal finding.


The normal statutory interpretation of FDCPA 809(b) does not require documentation or proof.  If they investigated and stated that they verify, that meets most case law interpretation of adequate debt verificaation.  While there are admittedly a few courts who have interpreted the statute to require varying degrees of documentation, that is not the norm. 


You can always sue if the have commenced collection on the debt without what you consider to be adequate verification, and hope to find a judge to agree.



Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.

† Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
‡ Credit cards for FICO Score ranges: The score ranges are guidelines based on internal myFICO analysis of actual applicant approvals, and having a FICO Score in a particular range does not guarantee you will be approved for credit cards recommended in that range. These ranges were not provided by any card issuer.

* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.