Sending DV letters...tips/advice before I send?

[cwwatts1202]

I have a couple items on my CR that are my dads (we have same first and last name) I have disputed them with no luck so I am going to send DV letters. Ideas of what I should say? I KNOW they are my dads, no question about it, this isn't the first, second or third time this has happened. Should I minchin in the letters that it's his debt? Do they have a certain Amt of time to respond before they have to remove it?

[cwwatts1202]

Also can I type a DV letter? Or does it have to be hand written?

[Anonymous]

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@cwwatts1202 wrote:
I have a couple items on my CR that are my dads (we have same first and last name) I have disputed them with no luck so I am going to send DV letters. Ideas of what I should say? I KNOW they are my dads, no question about it, this isn't the first, second or third time this has happened. Should I minchin in the letters that it's his debt? Do they have a certain Amt of time to respond before they have to remove it?

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Personally, I type every letter I said so there is not problem reading what I sent, but that is up to you really as far as typing or writing.

To answer your original question, a DV letter should be very simple.  Most of the templates you find online list tons of things that aren't true and aren't required.  You don't need to sound overly knowledgable or threatening or anything.  Here is a simple one that I like:

"I recently found a listing from your company on my credit report alleging that I owe a debt.  Please provide validation for this debt and the original creditor's name and address as required by the FDPCA."

Short and sweet.  Keep in mind that if they sent you a dunning notice more than 30 days ago, they could simply ignore your DV as it would not be timely.  If they never sent you the DV it would automatically be timely.  In my experience, most CAs will reply anyway, even if not timely.

[cwwatts1202]

Everything on my CR is from years ago. Like 5+ yrs ago. So outside the SOL (im in FL) I'm willing to just pay the stuff, in exchange for it to be removed since it isn't mine..should I send a PFD and explain that the debt belongs to my dad, but I am willing to pay it just to have it removed? I know it's his cause ive never had a land line phone, and it's for a land line phone through Verizon. I lived with him till I was 22, so we had the same address, same name. Doesn't help. I've had so many things of his on my CR. I just want them gone. The CRA is Afni. Do you (or anyone) have expierence with Afni? Think they'll agree to a PFD? If I send a PFD should I explain that it belongs to my dad, we lived at the same address at the time, etc.? Could I email them instead of sending a letter? 

[llecs]

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@cwwatts1202 wrote:

Everything on my CR is from years ago. Like 5+ yrs ago. So outside the SOL (im in FL) I'm willing to just pay the stuff, in exchange for it to be removed since it isn't mine..should I send a PFD and explain that the debt belongs to my dad, but I am willing to pay it just to have it removed? I know it's his cause ive never had a land line phone, and it's for a land line phone through Verizon. I lived with him till I was 22, so we had the same address, same name. Doesn't help. I've had so many things of his on my CR. I just want them gone. The CRA is Afni. Do you (or anyone) have expierence with Afni? Think they'll agree to a PFD? If I send a PFD should I explain that it belongs to my dad, we lived at the same address at the time, etc.? Could I email them instead of sending a letter? 

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Send a DV. Don't send a PFD on a debt that isn't yours, unless you want to make it appear as if it is yours. There are a few success stories out there with AFNI.

[cwwatts1202]

Should I send them certified? Also, is there a law that states they have a certain amt of time to validate the debt before they have to remove it? 

[llecs]

Always send DVs CMRRR.

The FDCPA allows for DV letters in Sect. 809. In that law, the CAs have an unlimited time to respond. There's no timed-requirement on their end. Conversely, by law, you have to mail the DV inside of 30 days from receiving their dunning letter (the initial collection letter). There's a timed requirement placed on you. If you mail the DV outside of 30 days, then the DV is legally useless. A big however, though, most CAs will respond if you mailed the DV too late. The only law that requires CAs to respond within a given time frame to a DV is state law in Texas. If you are a TX resident, CAs do have to respond within 30 days.

[cwwatts1202]

I apparently know nothing lol these debts are old, like 5 years old. So it's def outside the 30 days since they sent the dunning notice. Well, now what do I do? Lol

[Anonymous]

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@cwwatts1202 wrote:
I apparently know nothing lol these debts are old, like 5 years old. So it's def outside the 30 days since they sent the dunning notice. Well, now what do I do? Lol

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Just send the DV.  That is your obvious first step in this case.  Did YOU ever receive the dunning notice?  If so, even if you are past the 30 days, many CAs will respond, regardless of if they legally have to.  So I would start by sending the DV and waiting a week or two.  If you don't hear back, I would move on to direct disputes.

It is up to you for your situation, but I would definitely not pay to have someone else's debts removed from my credit report.

[RobertEG]

Totally outside of either the dispute or DV process, I would suggest that you send a letter to the CRA, asking for their administrative review of the matching of the information to your credit file.  The CRAs match on the basis of personal identifiers provided by the party reporting the information.

Put together a comprehensive list of your personal identifiers, with emphasis on SSN, full name, and full address.  Ask the CRA to check out your identifiers with those provided in the reportiing that was entered into your file.  They may see the clear error, and just correct administratively, without all the legal hassle.