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01-01-2013 11:41 PM
I am a bit lost on the DV process. I have 3 Baddies on my CR that I know for a fact aint mine.
I had 5 and was able to get 2 removed thur CA.
My question is can I send a DV to baddies that are several years old or do they have to be new baddies
01-02-2013 12:00 AM
The DV is most efficient when it is within 30 days of the first dunning notice. However I've used them well past this. It just helps to clear up who has the debt and what it's for. I would definitely send the DVs out and see exactly who and what those debts are for.
01-02-2013 10:23 AM
Sharpening my knowledge here. Would a PFD also work if its a little amount just to get it of? Something along the lines of a PFD letter like this:
It has come to my attention that < Collection Agency Name> is reporting negative information to my credit file regarding acct #XXXX with an outstanding balance of $200.00(example amount) from <month/year>. I am unaware of what this pertains to, as I never received anything from you about this, but in a gesture of good faith, I would like to offer to pay this amount in full < or %> in exchange for it's complete removal from our credit reports at all three credit bureaus.
01-02-2013 10:25 AM
That is an excellent letter!
01-02-2013 10:29 AM
Thanks! Some one else posted one similar and I altered it for the medical ones we plan to send out but wasnt sure if it would work in the OP's case if they just want them off.
01-02-2013 10:59 AM
Personally, I would not pay a debt that is clearly not mine.
The DV process is not the best way to address "account not mine" issues. Presumably, the creditor has some basis for asserting that you are the responsible consumer.
In response to a DV, they are only required to verify that their records support that finding. They are not required to "prove" it.
A DV, even if timely, which yours apparently would not be, only imposes a cease collection bar on the debt collector, and does not compel their response.
If untimely, it imposes nothing on them.
The FRCA provides a procedure for addressing assertions of account not mine. You file a police report, stating that you never authorized the account, and thus that its reporting could only have resulted from unauthorized application/use by another. If you send a copy of the police report to the CRA, they are required under FCRA 605B to immediately block that information from your credit report. If you send a copy of the police report to the creditor, they are required under FCRA 609(e) to provide you all business records in their possession related to the establishment and use of the account.