topic Re: DV a 3+ year old Collection? in Rebuilding Your Credit

DV a 3+ year old Collection?

2FixMyCredit — Mon, 04 Feb 2013 06:13:51 GMT

I have two collections on my credit that are 3+ years old, one from Sep 09 and the other from Feb 2010, these are both medical collections from FFCC. One for $351 and one for $698

Thing is I have letters from the hospital stating that they were paid in full and are considered closed, I have disputed both one is still saying it is disputed from when I did it in 2011, the othe came back as valid.

Should I DV these? Or let them be and fall off in four years?

IF they come back valid should I offer a PFD and if so how much? The full amount? Or a percentage?

Re: DV a 3+ year old Collection?

RobertEG — Mon, 04 Feb 2013 10:11:44 GMT

Neither would, in my opinion, be the best course. You can send a DV, but it most likely would not be timely, and even if timely, does not compel them to prove their determination of accuracy. You need a court to compel that.

I assume the debt collector sent dunning notice at the time of reporting to the CRA. If so, any DV would be untimely, and thus place no restrictions on the debt collector.

The issue appears to be a contest over whether the debt was satisfied. CR exclusion does not cancel the debt. While it precludes one from discovering the old collection by a simple pull of your CR, you still have an assertion of unpaid, delinquent debt.

If you have disputed and they have verified, you could still send a direct dispute to them, but any direct dispute can be dismissed under the rules without investigation if substantially the same as a prior dispute, including one filed through a CRA. Even if they did investigate, they dont have to "prove" the issue in order to verify.

Compelling them to produce evidence and get the matter resolved in a binding manner will most likely require you to bring civil action.

Re: DV a 3+ year old Collection?

2FixMyCredit — Mon, 04 Feb 2013 10:50:04 GMT

I have all my mail from since 2008 - since I moved out on my own and there isn't a single item from FFCC in my files, I know I wouldn't throw something like that away, this being said I was getting my mail delivered to my moms at the time and she may have thought it was junk mail.

So a DV is pretty useless? I don't have the means/funds to try and get this resolved in Civil court.

I just don't understand how they can be collect on something that was paid before ever being sent to them.
Who would I send the direct dispute to? The CRA or the CA?

Re: DV a 3+ year old Collection?

llecs — Mon, 04 Feb 2013 15:44:06 GMT

I personally would send a GW-like letter to the CA asking for a deletion in that it had been paid in full, and I personally would enclose a copy of the hospital's letter.

Re: DV a 3+ year old Collection?

js0319 — Mon, 04 Feb 2013 15:56:59 GMT

Re: DV a 3+ year old Collection?

2FixMyCredit — Mon, 04 Feb 2013 20:42:08 GMT

Well I spoke with the hospital today and found out that charity did not pay the actual doctor costs so that is what it would be from.

With that being said how should I proceed? Should I offer a percentage for PFD since they are both 3+ years old? OR do you normally pay them in full?

Re: DV a 3+ year old Collection?

2FixMyCredit — Tue, 05 Feb 2013 01:50:24 GMT

Anyone?

Re: DV a 3+ year old Collection?

Anonymous — Tue, 05 Feb 2013 02:13:42 GMT

Does the OC still own them?

Re: DV a 3+ year old Collection?

2FixMyCredit — Tue, 05 Feb 2013 02:50:22 GMT

No the CA owns them now.

Re: DV a 3+ year old Collection?

Anonymous — Tue, 05 Feb 2013 03:06:44 GMT

Send them a DV. If they validate, send a PFD.

Re: DV a 3+ year old Collection?

2FixMyCredit — Tue, 05 Feb 2013 03:24:27 GMT

The collections are 3 years old, would a DV still be good enough?

IF they validate and I do need to PFD, how much should I offer with them being 3 years old.

Re: DV a 3+ year old Collection?

Anonymous — Tue, 05 Feb 2013 03:26:19 GMT

If you never got a dunning notice a DV would be fine since you found them on your CR. They don't have to respond.

I would offer what you can pay. Most will take what they can get.

OkRe: DV a 3+ year old Collection?

2FixMyCredit — Tue, 05 Feb 2013 03:36:09 GMT

Ok thanks! I will send them off this week.

Do you think offering 20% is too low? I owe 351 and 658 on them. I just don't have all that right now.

Re: OkRe: DV a 3+ year old Collection?

Anonymous — Tue, 05 Feb 2013 03:43:35 GMT

You can try and see what they say. All they can do is say no.

Re: OkRe: DV a 3+ year old Collection?

2FixMyCredit — Tue, 05 Feb 2013 08:32:30 GMT

How is the below for a DV? Too much, anything to remove?

Dear Sir or Madam:

I am sending this letter to you in response to a collection found on my credit report. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that a validation is requested.

This is not a request for "verification" or proof of my mailing address, but a request for validation made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

• What the debt you say I owe was for (credit card, consumer loan, etc.);

• A calculation of all amounts you say I owe;

• Copies of any documents showing that I agreed to pay what you say I owe;

• A copy of any judgment against me, if you have one;

• Proof that the statute of limitations has not expired; and

• Evidence that you are licensed to collect debts in my state.

Until you have provided the above evidence to validate the debt, you may not continue collection

activity, and you may not contact me.

Once you provide the requested documentation, I will require 30 days to investigate the information.

During this time, you must cease collection activity. Do not report negative information to the credit

bureaus during this validation period.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Re: OkRe: DV a 3+ year old Collection?

Anonymous — Tue, 05 Feb 2013 14:57:40 GMT

Way to much. Keep it simple. "You say I owe you this debt. Account_______, please validate."

If you want the OC name and address you have to specifically ask for it.

Re: OkRe: DV a 3+ year old Collection?

Shogun — Tue, 05 Feb 2013 15:05:59 GMT

+1 That's way too much, keep it simple.

Re: OkRe: DV a 3+ year old Collection?

2FixMyCredit — Tue, 05 Feb 2013 22:26:34 GMT

This seems to be a never ending saga LOL

I called the OC and they pulled the records and said that the bill was paid that it "must have been a clerical mistake" (some mistake!!!) They are sending the CA a letter but they said they cannot gaurantee that it will resolve the issue. They are also sending a copy of the info to me.

I have disputed both again with more info provided. If the dispute comes back valid again then I will send the CRA all the info I have via mail, fax and email if possible. IF that still doesn't work I will be sending a PFD with all the info included and will only be offer them 10% just to get it off my record.

This is insane!

Re: OkRe: DV a 3+ year old Collection?

Anonymous — Tue, 05 Feb 2013 22:33:43 GMT

Don't dispute online with the CRAs anymore. They are going to end up saying it is frivolous.

Will the OC write a letter stating the collection was an error on their part and should have never been sent? That is what may need to happen.

I would send the CA a copy of what the OC sends you and ask them to delete. If they don't I would file complaints with the BBB, FTC and your state AG.

You paying a debt that has already been paid is ludicrous.

Re: OkRe: DV a 3+ year old Collection?

2FixMyCredit — Tue, 05 Feb 2013 22:42:18 GMT

Uh oh I just finished filing the dispute :\ I hope I didn't screw something up.

And yes the OC will do that, they said it will be sent the the CA and me tomorrow - thankfully they are local so if I don't receieve it I can go to their office they said.

I guess right now it is a waiting game, I'm going to give it 15 days and if it isn't gone I will definitely be contacting the AG, BBB and FTC.

Thank you for all your help guiness56!