topic Re: DV DV DV DV DV DV!!!!! in General Credit Topics

DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 03:00:18 GMT

I recently DV a collection letter and they responded with a letter stating they had verified the information as correct with the OC. They did not send me a copy of the bill or anything. They just simply sent me letter stating they had verified the information. What should I do now?

Thanks in advance.

Re: DV DV DV DV DV DV!!!!!

llecs — Mon, 17 Dec 2007 03:08:13 GMT

Question: Did you send the DV in response to a dunning letter? This is the initial collection letter sent by the CA stating the debt, OC, and also stating that you have 30 days, etc., etc., etc.

If you did, and if you requested info from them like an accounting, OC info, acct info, etc, then they are in violation of the FDCPA.

Which CA was it?

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 03:16:34 GMT

lolo what did your DV say? If you copied from here you didn't ask for them to verify!

post your letter in here!

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 05:48:16 GMT

Yes, II sent them a letter in response to the initial letter I received from them, CMI. The letter said I owe an amount from OC and unless I notify the office within 30 days they will assume the debt is valid. I DV them within 30 days. They sent me letter stating they had received my letter. Then, literally three days after that letter I received a letter from them stating they had verified the debt with the OC.

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 05:51:06 GMT

I stated in my letter to them that you claim I owe you a debt. Per the FDPCA please verify this debt. That was all I said. They sent me a letter stating they had received my letter. Then, they sent me a letter stating they had verified the debt with the OC. However, they did not include a bill or anything. The CA is CMI. At the time I lived in TX. I now live in Chicago. Oh, it's really cold here too

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 05:58:18 GMT

Does it matter that I now live in another state than were the original incident took place?

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 07:16:34 GMT

for good advice you need to give complete info!

What is the DOFD or DOLA?? what is it for a CC or signed contract...auto loan, personal loan what?

Yes they can go by either state SOL!

on a CC SOL is in T is 4 years.....Il. is 5 years and 10 for contract.

creditor verifies to a CRA...the DV is a Debt Validation notice.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328

All DVs go CMRRR

Did you send it CMRRR??

Message Edited by HappyDays on 12-16-2007 11:16 PM

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 07:06:48 GMT

It was a cable bill...I am not worried about DOFD. I just want to know if the letter CMI sent to me constituted a debt validation. Their letter only said "we have verified the debt with the OC. You still owe the debt." That was it. No bill or anything. Let me also say this item is not on my cra. I am trying to prevent that from happening.

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 07:18:57 GMT

No it doesn't!!! you also need to know if the CA has to be licened or bonded in Il and Tx. If they do are they?

Message Edited by HappyDays on 12-16-2007 11:18 PM

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 13:58:34 GMT

Must provide, Amount, Who the OC is/was, and who owns the debt.

On you original DV- you must state- "I dispute the validity of this debt" -

Sounds like the CA either has no idea what they are doing or took the letter as a dispute letter instead of a DV.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Re: DV DV DV DV DV DV!!!!!

blackswan22 — Mon, 17 Dec 2007 15:02:02 GMT

How can I check to see if a CA can collect in my state of FL?

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 15:09:47 GMT

https://cf.fldfs.com/pubinqry/pub2/businesses.cfm

@blackswan22 wrote:
How can I check to see if a CA can collect in my state of FL?

Re: DV DV DV DV DV DV!!!!!

blackswan22 — Mon, 17 Dec 2007 15:43:36 GMT

You guys are wonderful!!! I'm learning so much here!! BTW, I just checked, they are ok to collect in FL :-( Oh well its due to drop off soon anyway

Re: DV DV DV DV DV DV!!!!!

Anonymous — Mon, 17 Dec 2007 15:47:42 GMT

Took about 10 seconds to find that link in Google.

@blackswan22 wrote:
You guys are wonderful!!! I'm learning so much here!! BTW, I just checked, they are ok to collect in FL :-( Oh well its due to drop off soon anyway

Re: DV DV DV DV DV DV!!!!!

Anonymous — Tue, 18 Dec 2007 01:41:19 GMT

Tim, on my original DV all I stated was " I recently received you letter claiming I owe you a debt. Per the FDCPA send me validation of this debt." It was sent cmmrr. Are you saying what I sent was not enough?

Re: DV DV DV DV DV DV!!!!!

Anonymous — Tue, 18 Dec 2007 03:14:28 GMT

lolo,since they didn't send you a letter CMRRR they have no idea if you got it.

Because you sent your's to them CMRRR....they are past the 30 day limit....understand?

make the changes on this letter and CMRRR.....tell them that since they never answered your last letter sent da da da

Company
Address 1
Address 2
City, State Zip

Date

RE: Account XXXXX-XXXX-XXXXX

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

As of ( DATE that you received their letter) You have refused to validate this debt.Therfore you are in violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all referance to this account be deleted from my credit report, as this entry and any update of such entry will be concidered another violation.

Thank You,

TYPE YOUR NAME.....DO NOT SIGN

IF they don't understand what you wanted from them oh well.............see if this works.

Re: DV DV DV DV DV DV!!!!!

Anonymous — Tue, 18 Dec 2007 18:51:43 GMT

loloswims wrote:
Tim, on my original DV all I stated was " I recently received you letter claiming I owe you a debt. Per the FDCPA send me validation of this debt." It was sent cmmrr. Are you saying what I sent was not enough?

What you sent is fine. Sending it CMRRR, and saving all your paperwork on the CMRRR (CM receipt, RRR green card, USPS receipt with the CM # on it, copy of your letter with a RE line), is what gives you "a hammer" with which to beat them.

The law doesn't say you have to use any specific language, and IMHO simple is best. Don't try to sound like a lawyer if you aren't one.

If the collection made it to your CRs, then I would dispute with those CRAs, in writing and via CMRRR, including a copy of your DV letter to the CA. Take the CM receipt, RRR green card, USPS receipt, and copy of your letter to the local self serve copy shop. You can double side copy everything onto one sheet of paper, assuming your DV was simple and only one side of one page.

In accordance with the FDCPA, I have disputed the validity of this claim with the collection agency. As they have not validated the debt, by law it must be removed from my credit report.

If the collection didn't make it to one or all of the Big Three, then skip them for now.

Send a follow up DV letter to the CA. Take a look at my DV link in my sig, and be sure to read this.

Re: DV DV DV DV DV DV!!!!!

Anonymous — Wed, 02 Jan 2008 03:40:21 GMT

How do I find out if CMI or Credit Management, lp is licensed in the state of IL? Thanks

Re: DV DV DV DV DV DV!!!!!

Anonymous — Wed, 02 Jan 2008 03:52:41 GMT

http://www.ildfpr.com/dpr/licenselookup/default.asp

Licensee's Name	License Number	License Status	City, State	Original Issue Date	Current Exprtn	Ever Discplned?
CREDIT MANAGEMENT CONTROL INC	017021055	ACTIVE	GREEN BAY, WI	11/07/2007	05/31/2009	N
CREDIT MANAGEMENT CONTROL INC	017001468	ACTIVE	RACINE, WI	04/29/1997	05/31/2009	N
CREDIT MANAGEMENT LP	017000987	ACTIVE	CARROLLTON, TX	06/03/1989	05/31/2009	N
CREDIT MANAGEMENT SERVICE INC	017000398	CANCELLED	SKOKIE, IL	01/01/1998		N

Re: DV DV DV DV DV DV!!!!!

Anonymous — Wed, 02 Jan 2008 04:08:01 GMT

So this means they are licensed in IL?