topic Re: How to send a DV letter? in General Credit Topics

How to send a DV letter?

Anonymous — Sat, 03 Aug 2013 02:56:40 GMT

Hi guys I am a rookie and I am learing a whole lot from myfico. I want to sent a dv letter to dispute a couple of negatives on my CR. Can I send them to all 3 CRA's at same time

or do I send one at a time?

Also how do I adress the negative accounts because, it only shows part of the account number when I looked it up on score watch?

Thanks for any help

Re: How to send a DV letter?

llecs — Sat, 03 Aug 2013 15:17:31 GMT

DV letters are allowed by the FDCPA and they only go to CAs, not CRAs. By law you have 30 days to mail in a DV letter to the CA after receiving their dunning letter. They have an unlimited time to respond but if the DV was sent within those 30 days, they must cease collection activity until they can verify. If you mail the DV after 30 days, then they don't have to stop collection activity, but they usually will respond anyway.

Re: How to send a DV letter?

RobertEG — Sat, 03 Aug 2013 16:36:27 GMT

If you wish to dispute the accuracy of any item of reported information, that is done by way of a dispute under the FCRA.

The FCRA provides two alternate dispute processes. You have the choice of which to use.

One is to send your dispute to the CRA, and have them forward it to the furnisher of the disputed information. The furnisher must then respond back to the CRA, and the CRA then makes the final decision.

The other is to simply send your dispute directly to the furnsher of the disputed information. They must then investigate and response directly back to you.

For numerous reasons, I would recommend using the direct dispute process.

Here is a template that provides the basic information to inlude in a direct dispute:

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

► (If sent to a debt collector, (CA), it might be beneficial to also include the blurb:

     ► “This is a direct dispute of credit reporting. This is not a request for debt
             validation/verification under FDCPA §809(b).”.
                 (don’t let them just simply sluff it off as a meaningless DV letter)

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes:

“Identification of the specific information being disputed:
(specify the account number, and the specific information that is disputed under

that identifying account)

“Basis for the dispute:

(how the reporting was inaccurate; was any reporting in violation of any statutory or

regulatory provisions? account or express agreements? CRA reporting gudelines? Account not

yours? etc.)

“Supporting documentation:

(all documents that support your dispute; make sure to include,

as part of your documentation, at least a copy of the portion only of your

recent credit report showing their reporting of the disputed information was

actually reported to your credit flle. The implementing rule suggests a showing

that it appeared in your credit report)

Re: How to send a DV letter?

Anonymous — Wed, 21 Aug 2013 15:20:43 GMT

Hello. I read this post to figure out what type of letter to send a CA to validate debt. They haven't contacted me at all, but I have negative info showing up on my CR saying that the account status is "closed," the past due amount is "$241," and the payment status is "seriously past due date." I sent them a PFD letter (for the full amount) back in February, but I never heard anything back from them. A this point, I am not sure what type of letter I should send them, but I want this info off of my CR as quickly as possible. Would I use a DV letter or the letter RobertEG is recommending? Any help would be greatly appreciated.

Re: How to send a DV letter?

Anonymous — Wed, 21 Aug 2013 15:25:48 GMT

The first to consider is if it is your debt. Is it?

If it is you can bypass the DV and go to a PFD. Since you didn't get a response, call them.

Re: How to send a DV letter?

RobertEG — Wed, 21 Aug 2013 18:19:34 GMT

What is "closed," the OC account or the collection?

If the collection is closed, that is the reporting by the debt collector that they have ceased collection on the debt. If that is the case, then they most likely wont respond to a DV, as any cease collection bar has become kinda irrelevant to them. They have ceased collection on their own.

I agree that determining who now owns the debt and is thus able to accept any payment offer is a critical next step.

Re: How to send a DV letter?

Anonymous — Wed, 21 Aug 2013 19:17:48 GMT

Thank you Guiness56 and RobertEG for responding.

I believe they are a CA for an old Verizon bill I mismanaged. The Verizon information no longer shows up on my CR, but the CA information (Pinnacle Credit Service) does. The account status is marked as "closed" for two of the bureaus and "open" for the other. I can send you that portion of my CR if what I'm saying is unclear.

I haven't tried calling because I'm not sure how to offer a PFD over the phone and how to make sure they follow through on one if they accept it.

Re: How to send a DV letter?

Anonymous — Wed, 21 Aug 2013 21:01:08 GMT

You can PM me the information if you would like.

Re: How to send a DV letter?

Anonymous — Tue, 29 Oct 2013 17:23:02 GMT

I finally got in touch with someone at Pinnacle over the phone today. They said that my account is now being handled by a company named Convergent Outsourcing. To my knowledge, this company hasn't tried contacting me at all and they have not listed anything on my CR. If my goal is to get the negative information from Pinnacle off of my CR, what should I do next?

Re: How to send a DV letter?

09Lexie — Tue, 29 Oct 2013 20:59:07 GMT

@onslaught

You would need to contact Convergent Outsourcing

Re: How to send a DV letter?

RobertEG — Sat, 02 Nov 2013 09:24:42 GMT

To attempt some clarification.....

DVs are debt collection practices matters, and relate to requests to verify a debt that, if timely sent and unresponded to, require the debt collector to cease active collection until they provide the requested debt verification.

DVs are not retroactive, meaning that sending a DV after a debt collector has already reported imposes no requirement for CR deltion of their reporting.

DVs also set no period for their response.

Credit reporting is controlled under the FCRA, not the FDCPA.

When you send a DV, it is a request that they provide verification that does not require that you identify any specific inaccuracy.

When you send a dispute, you must document some actual inaccuracy.

I suggested a possible dispute as an alternative in that if you do have some basis for contesting the debt, you can dispute the accuracy of their prior CREDIT REPORTING under the FCRA. A different way of challenging the debt that directly addiresses it via dispute of their reporting, and not simply a request to verify the debt.

However, if you wish to pursue a dispute, you have the initial burden of asserting an actual inaccuracy, and providing sufficient information to permit them to investigate the accuracy.

So, the issue is whether you have actual basis to contest the accuracy of debt itself, or simply want them to verify that they have basis for verification.

If you can meet that initial burden, you can file a dispute, which they must respond to within 30 days. The outcome will relate to the specfic goal of deltion of their reporting, not simply verification of the debt. If they fail to verify, then the information must be deleted until such time as they do provide verification of its accuracy.

I beleive that is your goal.......

Re: How to send a DV letter?

Anonymous — Tue, 12 Nov 2013 18:04:21 GMT

What is PFD?

Re: How to send a DV letter?

Anonymous — Tue, 12 Nov 2013 21:49:33 GMT

Hi and welcome to the forums.

PFD - Pay For Delete.

You can find a list of common abbreviations in my signature.

Re: How to send a DV letter?

Anonymous — Sat, 30 Nov 2013 15:26:06 GMT

Is the best method contacting original creditors or CRA/s when disputing/validating negative information

Re: How to send a DV letter?

Anonymous — Sat, 30 Nov 2013 18:04:11 GMT

@Anonymous wrote:
Is the best method contacting original creditors or CRA/s when disputing/validating negative information

You only do debt validation through a DV with a collection agency.

Disputing requires something to be reporting incorrectly on your CR. You can directly dispute with the creditor (see letter in my signature) or through the CRAs. Either one of the ways you choose fall under the same rules of the FCRA.