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what do I do if....

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Anonymous
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what do I do if....

Stellar Recovery deleted their dish network account  and then sent me a dunning letter.  This all happened after I disputed validity of account.  The letter states if I dispute the this office (stellar) will obtain verifacation.  It also says the old if I dont respond I assume debt is valid.  I never received any paperwork after dish equipment was return.  This debt that was deleted was a fp on may 2013.  My account with dish ended in 2010-2011.  Not sure what motivation they have to first delete account then send me a dunning letter.  If I do dispute, is their a specific disputing tactic I would want to use.

Message 1 of 3
2 REPLIES 2
cartwrna
Valued Contributor

Re: what do I do if....

Id hit them with a very thought up and smart DV letter asking for ALL information pertaining to the account. Statements, payments used, names, dates, places of service, make sure that the service address no longer appears on your credit report if it in fact was you. Make sure you use all the proper codes and laws within the DV letter. you said yourself that they would put it back on if you didn't send them any further dispute. So it doesn't hurt to try. Good luck. The debt is pretty old, so they may not have all the information deleted. I've never seen a debt buyer first delete then send letters.
Don’t take your credit for granted, use it with care! These days, catch me in the bankruptcy forum!?
Message 2 of 3
RobertEG
Legendary Contributor

Re: what do I do if....

A dispute under the FCRA requires them to investigate the asserted inaccuracy, and either correct to overcome the inaccuracy, verify that the reporting is correct as it stands, or delete the information.  They could reinsert if they later provide verification.

You have laready disputed and obtained resolution, so a new dispute is not a current option.

 

Most likely, they were unablet to obtain adequate verification within the required 30-day period set in a dspute.

That does not mean they are conceding that they cannot later obtain verification, and then proceed as normal.

 

Dunning notice is a legal requriement once they have initiated a communication with the consumer, so they are complying with the FDCPA.

If you send a DV within 30 days of the notice, it will impose a cease collection bar on them until they have first provided the requested validation.

Thus, you can impose an additional requirement that they not report reinsertion of their collection until the first validate.

 

A DV would, in this case, be essentially duplicative of your current imposition of the requirement under the FCRA that they must first present pre-certifcation of the accuracy before they can reinsert their reporting of the deleted collection.  I also establishes a similar prohibition agaisnt reporting prior to validation udner the FDCPA.

 

You can double-impose a prohbition agaisnt reporting by filing a timely DV, providing you are not planning to negotiate payment of the debt with them before they provide verification.  However, if your next step is to negotiate payment, such as by offering a PFD, then you may not want a total cease collection bar in place via sending a DV.

 

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