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Contributor
Posts: 83
Registered: ‎01-24-2013
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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.

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Posts: 13,897
Registered: ‎04-15-2011
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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.

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Epic Contributor
Posts: 21,232
Registered: ‎03-19-2007
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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.

 

 

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