Will DV help?

[Anonymous]

So I have 3 Collections showing on my reports right now (only 2 on EQ).

I've never received a "Dunning Notice" or anything regarding these specific debts (only things I received were for 2 other collections which I PFD'd). Is way past the initial 30 days but honestly I never did receive any notices which may or may not be my fault I didn't know it was common courtesy to inform debt collectors (especially one's you don't even know) of address changes.

I downloaded a DV template filled in the blanks and sent them out via certified mail today. For 2/3 of the debts I honestly would like to see how they came up with these amounts because they seem really really high to me I sent the third one because I thought what the heck might as well if I'm already taking the other 2 to the post office. As well as I would like them all to verify their collection authority for said accounts.

Any chance they'll remove the accounts?
One is 5 years old
The other 2 are 3.5 years old.

[sdsoccerdad]

I'd like to know the answer to this too.  I had a few successful DV about 12 years ago when we bought our second home.  Trying to rebuild again and am still researching the best way to proceed.

[Anonymous]

Same here, curious to see the responses from the experts.

[RobertEG]

The DV process under the FDCPA does not compel any response from the debt collector. Whether or not it will "help" depends upon how the debt collector handles subsequent collection on the debt. A timely DV (meaning one that is sent either within 30 days after receipt of a dunning notice, or without any prior dunning notice) does not impose any requirement to or period for sending debt validation. It imposes a cease collection bar on the debt collector, thus providing the consumer a reprieve from continued active collection on the debt until the debt collector has first provided validation of the debt and/or the name of the OC. A debt collector can report their collection prior to sending a dunning notice, and if the consumer sends a DV, it does not compel the debt collector to delete any collection that has already been reported. One state (TX) has their own enhanced DV statute that requires, if validation is not provided within 30 days, deletion of any reported collection, but that requirement does not exist under the federal DV process set forth under FDCPA 809. The debt collector can choose to simply discontinue active collection until they send validation. Optionally, if the debt collector is only an assigned agent of the owner, the owner can move their collection to another debt collector. CRA policy then instructs the debt collector to delete their reported collection, making way for the new debt collector to report. If the debt collector owns the debt, they can sell to another debt collector. Either of those events begins the DV process anew.

[Anonymous]

Well if they cease and never respond that's equivalent to a removal as it's no longer on the report.

[Anonymous]

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@Anonymous wrote:
Well if they cease and never respond that's equivalent to a removal as it's no longer on the report.

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They can sell it, and the new collector can place it back on there, assuming it has not reached exclusion.

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:
Well if they cease and never respond that's equivalent to a removal as it's no longer on the report.

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They can sell it, and the new collector can place it back on there, assuming it has not reached exclusion.

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BUT in your original post you say they are aleady on your reports.... so the "no longer on your reports" does not apply. It remains "on your reports" until the CA instructs the CRA to remove it, regardless of any DV or collection bar resulting from a DV.

[Anonymous]

From what I've read any everything if no Dunning Notice has been received typical procedure would be to request it be removed from all CRA's by the collection agency while preparing to send the consumer a response. Especially if I sent a copy of the letter sent via certified mail to the FTC and CFPB they usually don't like to play with fire.

However if they request it to be removed and never respond it would be just removed indefinitely.

Considering one is out of the statute and the other 2 are almost out of the statute I doubt they'd sell any of them but if they did sell them I'd DV with the new company and they'd have to remove it until they send me a response and I have 30 days to analyze their response.

[Anonymous]

Norman, so are you saying that since no dunning notice was sent and they already reported to the cra's. That the 30 day time limit no longer applies and they do not need to request to remove off the credit reports while they investigate? Or that they will just sell it instead of the bother with dealing with the dv?

[Anonymous]

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@Anonymous wrote:
Norman, so are you saying that since no dunning notice was sent and they already reported to the cra's. That the 30 day time limit no longer applies and they do not need to request to remove off the credit reports while they investigate? Or that they will just sell it instead of the bother with dealing with the dv?

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I'm saying there is NO REQUIREMENT TO REMOVE, under ANY situation. A Dunning notice merely establishes the timeliness of your DV. You, the debtor, have thirty days after reciept of the Dunning notice in which to request DV and impose the collection bar. After the thirty days is up, your DV can be ignored. If no Dunning notice has ever been received then your DV is timely and imposes a collection bar.

A DV (under FDCPA) does not compel removal, period. It is a request for information and confirmation of the debt, and serves to stop collection activity, until such confirmation is provided.

The reason that many items are deleted after sending a DV is the fact that many collectors are simply LAZY and have little desire to fight a debtor for collection. They want the low hanging fruit and as soon as a debtor puts up a fight, they simply sell the debt on the secondary junk debt market where it gets bought by the likes of Midland, Jefferson Capital and a few others.