sending DV

[Anonymous]

pulled my experian report and found that i have a collections from Allianceone Receivables for $253.  I dont remember where this debt came from.  should i mail them a DV Letter?  What can i do if i dont receive anything back? Does the CA have to remove the debt?  please help.

[Anonymous]

You can send them a DV if they have never sent you a dunning notice for this. Specifically request the name and contact info of the original creditor. They may or may not respond to a DV. There is no requirement to remove their report if they do not respond. A better choice may be to send a direct dispute under FCRA 623(a)(8). This type of dispute is also addressed in 16 CFR part 660.4. Make sure you reference both applicable statutes in your dispute, and make the reason for your dispute clear (you do not beleive this debt belongs to you)

If it turns out this is not your debt at all, use the ID Theft provision of FCRA (605B) to get it removed.

[Anonymous]

Ok, thank you. Do i send the letter certified mail? I've never done this before and want to make sure I do it right.

[Anonymous]

Yes, DV and Direct Disputes should be sent via CMRRR. Please see my edit of the first meassage regarding direct disputes, which may be more effective in this instance as responce is required.

[gdale6]

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@Anonymous wrote:

Yes, DV and Direct Disputes should be sent via CMRRR. Please see my edit of the first meassage regarding direct disputes, which may be more effective in this instance as responce is required.

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Actually when sending corresopndence to a CA its not recommended to use the RRR as they typically use drop boxes and the letter may not get through. With CAs you want to send them certified mail and then track their progress online, the delivery shown is just as good as RRR in the eyes of the law.

[RobertEG]

You can certainly send a direct dispute, but you do not appear to have any documentation of an inaccuracy in their reporting, only an assertion that you dont remember having the asserted debt.  In response to a direct dispute, they can simply state that they have investigated and verify the accuracy without having to "prove" the legitimacy of the debt. Yes, a direct dispute compels response within 30 days, but it may not provide any proof.

Similarly, they can respond to a DV request by verification without sending "proof."

With a DV, at least you obtain a cease collection bar until they respond (provided they have not yet send dunning notice, or that you are still within 30 days of their dunning notice), and can include a request for the name of the OC as part of their validation.

I would recommend both.  One to get a quick response, and the other to invoke a cease collection bar and request the name of the OC.

If all that you have is an assertion of no debt and they choose to verify, your resort will then be to assert that the debt resulted from identity theft, which will require you to file a police report with the positive assertion that you never had an account or authorized the asserted debt.