There would also be the issue of is this a timely DV? Was the person notified, or an attempt to notify them documented. If so, then the DV would have not been considered timely.
I read through some of the listings you gave on the cases. I don't speak lawyer, but quale vs unifund had the best chance at something like polo was stating, even though it's still unclear on that one.
It may have to come down to the judge in the case, then the appeals to follow.
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@Whitneyy wrote:
@polno1234 wrote:when you sent the dv letter to the ca did it contain the phrase "dispute the validity of this debt" or state that you dispute in any form?
Here's the letter we used, found on this site.
Fidelity Info Corporation
PO Box 49938
Los Angeles, CA90049
April 8, 2014
To whom it may concern:
Please note that that this is not a refusal to pay off the account, but a notice sent as per the Fair Debt Collection practices Act, 15 USC 1692g Sec. 809 (b). The notice states that your claim is disputed and validation of the account is required.
This notice is not a request for verification of the account or proof of my mailing address, but a request for validation made pursuant to the FDCPA laws. I humbly request that Fidelity Info Corporation send me valid proof that I am legally obligated to pay you.
Please provide me with the below mentioned things:
* The amount you claim I owe you
* Explain and show me how you have computed the amount
* Send me the copies of any documents that prove I agreed to pay the alleged amount
* Identify the original creditor
* Confirm that the account has not crossed the SOL period
* Prove that you're a licensed debt collector
* Show me your license numbers and registered agent.
I would like to inform you that in case Fidelity Info Corporation has reported invalidated account information to any of the 3 main Credit Bureau's such as TransUnion, Equifax, Experian, then it will be regarded as a fraudulent action under both the federal and state laws. Due to this reason, if any negative item is reported to any of my credit reports by Fidelity Info Corporation or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons:
* Violation of the FCRA
* Violation of the FDCPA
* Defamation of character
If Fidelity Info Corporation can provide me with the requested documents, I will need minimum 30 days to investigate this information, and during this period of time, all collection activities must be stopped.
I would like to further inform you that if any action is taken (during the validation period) which could be regarded as detrimental to any of my credit reports, then I will seek advice from my attorney for lawsuit. This includes listing any information on a credit report that could be incorrect or invalidated, or confirming an account as correct when in fact there is no provided proof that it is.
If Fidelity Info Corporation fails to respond to this debt validation request within a period of 30 days from the date of your receipt, then the account information must be completely deleted from my credit report, and a copy of such deletion request should be sent to me at once.
I would also like to request, in writing, that no calls should be made by Fidelity Info Corporation at my residence or work place. If Fidelity Info Corporation attempts to make unlimited or computer generated calls to me or any third parties, then it will be considered harassment, and I will have no option but to file lawsuit. All future communications with me should be done in writing and sent to the address mentioned in this letter.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Regards,
Here is the reason why that will not work. It's cut and dry.
§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
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Now that is the entire FDCPA concerning DVs. As you can see, there's nothing in there that states anything about original documentation, licensing, SOL, blood type, favorite color or anly of the other things I've seen DVs demand.
All that is needed..
Amount of debt
who it is owed to
They can be asked who the OC was
and the legal dispute,, 30 days, etc...
That is it... period.
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i would suggest atleast consulting a lawyer. from what i see it is within the sol. it is large enough that there is a probability of them sueing . with that said this is the way it stands to me. they sent no dunning notice or sent it to an old address. item is noticed when report is pulled and this constitutes "innitial communication" therefore your dv was timely and imposes the cease collection of the fdcpa. any and all credit reporting is considered collection activity( sullivan vs equifax) by leaving this on your report without validating a disputed debt they are still attempting to collect.
I'm going to agree with this part 100%.
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shogun
much love man/woman? doesnt matter. i would definately hope that people remember that this only a forum and dont take the "google is god" mentality
@polno1234 wrote:although it would seem cut and dry it rarely is. im not starting an argument but am posting this for future readers as well. if you send a dv it is best to keep it simple. this leaves you with the broadest terms afforded by the fdcpa. if you have backup( ie lawyer who has good state case laws to back him up) you can make your dv ask for other things. in either case by sending the dv they still must atleast provide you with the info as afforded by the fdcpa. just because you ask for info they dont have to provide does not quantify that they dont have to follow fdcpa.
I agree with you on that polno, especially when you cited good state laws. There are state laws that come to play on top of the FDCPA and the FDCRA. Such as the part about having licensing, etc. That is state specific, not FDCPA. And I am no expert, don't know everything, and I learn new things every day. When in doubt, a good consumer attorney is your best recourse. Many of the things discussed here may be true, some not true, some grey area. Sometimes it take litigation to find out the total truth.
And myFICO does encourage opinions and experiences, good debates are a great learning tool for all of us. Thank you polno1234 for your postings. It's not starting an argument, it's another opinion and another option for the OP. 
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@polno1234 wrote:shogun
+1
Man..
July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
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Current scores after adding $81K in CLs and 2 new cars since July 2013
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June 2017 update: All scores over 820, just pure gardening now.