topic Re: Interesting response to DV in Rebuilding Your Credit

Interesting response to DV

PeacefulP — Fri, 14 Jun 2013 21:33:01 GMT

Two weeks ago I sent out DV letters CM RR to all the collection accounts reporting on all three credit reports. Today I received a letter back from CMI- Credit Managment LP that reads:

Xxxx xxxxx
123 main st
USA

Re: Directv
Account: xxxxxxxxx
Ref # xxxxxxx

Dear xxx,
Our office is in receipt of your letter regarding the above referenced account. This account was removed from our office on December 22, 2010. A request was sent to the three national credit bureaus, at the time, to have this account removed from your credit file. You will need to contact our client in regards to this account.This account is closed with our office.

Sincerely,
Credit management, LP- account resolution department

So the first thing I'm going to do is send a copy of the letter along with a dispute to the CRAs to have it removed.

I'm concerned about the debt though, My husband and I are cleaning up our credit so we can buy a house next year and I don't want a new collections popping up. Should I call DirecTV and see what's going on? I'm afraid of waking a sleeping giant.

Also, is it possible that this DV response came because they couldn't validate the debt?

Re: Interesting response to DV

DaBears — Fri, 14 Jun 2013 21:34:49 GMT

@PeacefulP wrote:
Two weeks ago I sent out DV letters CM RR to all the collection accounts reporting on all three credit reports. Today I received a letter back from CMI- Credit Managment LP that reads:

Xxxx xxxxx
123 main st
USA

Re: Directv
Account: xxxxxxxxx
Ref # xxxxxxx

Dear xxx,
Our office is in receipt of your letter regarding the above referenced account. This account was removed from our office on December 22, 2010. A request was sent to the three national credit bureaus, at the time, to have this account removed from your credit file. You will need to contact our client in regards to this account.This account is closed with our office.

Sincerely,
Credit management, LP- account resolution department

So the first thing I'm going to do is fax that letter along with the dispute to the CRAs to have it removed.

I'm concerned about the debt though, My husband and I are cleaning up our credit so we can buy a house next year and I don't want a new collections popping up. Should I call DirecTV and see what's going on? I'm afraid of waking a sleeping giant.

Also, is it possible that this DV response came because they couldn't validate the debt?

What they are saying is they no longer have collection authority on the unpaid debt. If they did send it back to Direct TV they were suppose to delete their TL. As stated I would send to transunion the letter stating for removal of their TL.

I would call Direct TV and find out who owns the debt right now. Any unpaid debt has to be disclosed during the mortgage application.

Re: Interesting response to DV

PeacefulP — Fri, 14 Jun 2013 22:12:50 GMT

Thank you DaBears (awesome username BTW). I called Directv and was told that First National Collection Bureau owns the debt now. So far, I haven't heard a thing from them, and they aren't on my reports. I don't want them on my reports either. Isn't FNCB part of LVNV? ugh, I do not want to deal with that CA again. I'm just not sure what to do. If I call and pay them, I'm afraid they'll report, which will really hurt my credit score. Any wisdom on how to handle this?

Re: Interesting response to DV

nativenyer — Fri, 14 Jun 2013 22:20:18 GMT

It seems that if it's not on your credit reports then you should be able to pay it without them reporting it. If you know the amount I would contact them and just pay it over the phone or send them the certified funds to make sure the debt is paid and you don't have to worry about it popping up.

Any other ideas on this? I also have a DirectTV account with FNCB that disappeared from my reports a month ago when I sent a DV letter.

Re: Interesting response to DV

PeacefulP — Fri, 14 Jun 2013 22:26:36 GMT

That's what I was wondering, if paid before they report, will they likely report then? Even though they'd be reporting it paid...it would kill my score. This debt is still within SOL btw.

Re: Interesting response to DV

nativenyer — Fri, 14 Jun 2013 22:28:17 GMT

They can't report it to the credit bureaus as a new collection account t because you paid it.

Re: Interesting response to DV

Anonymous — Fri, 14 Jun 2013 22:29:56 GMT

Yes, they can report it.

Re: Interesting response to DV

nativenyer — Fri, 14 Jun 2013 22:30:49 GMT

Please explain

Re: Interesting response to DV

Anonymous — Fri, 14 Jun 2013 22:33:40 GMT

If you pay the new CA they can still report to the CRAs as a paid collection. They don't have to but they can. Nothing stops them legally from doing that.

The only way to prevent it is to have Direct TV recall the debt and pay them.

Re: Interesting response to DV

nativenyer — Fri, 14 Jun 2013 22:34:47 GMT

Ok, interesting.

Re: Interesting response to DV

PeacefulP — Fri, 14 Jun 2013 22:36:05 GMT

Guiness, Do you have any suggestions on how I can handle this? ETA, nevermind, we were posting at the same time. Calling Directv now.

Re: Interesting response to DV

nativenyer — Fri, 14 Jun 2013 22:38:06 GMT

But the new CA hasn't contacted her with a dunning letter and given her 30 days to pay the debt or dispute it. How can they just report it?

Re: Interesting response to DV

Anonymous — Fri, 14 Jun 2013 22:49:34 GMT

There is no requirement to send a dunning notice or to give 30 days to pay a debt before reporting it. The 30 days is a total misconception. Though some CAs will give you some time to pay before reporting there is absolutely no requirement or law that say they do.

Once they report to the CRAs they then have 5 days to send a dunning notice.

Re: Interesting response to DV

nativenyer — Fri, 14 Jun 2013 23:01:08 GMT

So if an OC sends a debt to a CA, and it's not on your report and they happen to send you notice of the debt and they give you a time frame to either pay or dispute, then the CA is just doing this as a courtesy? I'm just wondering because I just had a CA that had received a debt that Paragon removed from my report before I could pay it. When I got the letter I made arrangements to make two payments to pay the bill, which I did, and they did not report to the CRAs.

Re: Interesting response to DV

Anonymous — Fri, 14 Jun 2013 23:09:42 GMT

When you recieve a dunning notice from a CA it has to have the mini miranda in it. They have to tell you that if you dispute the debt or any part of it, you have 30 days to request validation of the debt. The 30 days is for the dispute/validation request only.

Many CAs will not report if you pay within a certain amount of time. Others will still report.

Re: Interesting response to DV

nativenyer — Fri, 14 Jun 2013 23:21:35 GMT

Thanks for clearing that up for me!! Didn't know that!

Re: Interesting response to DV

DaBears — Sat, 15 Jun 2013 13:44:41 GMT

Sorry it took so long to reply......Thankfully guiness chimmed in

What has Direct TV said so far??

P.S. I am a die hard Bears, BlackHawks fan

Re: Interesting response to DV

PeacefulP — Sat, 15 Jun 2013 14:42:04 GMT

I called Directv again yesterday, and before I spoke to a representative the automated system asked if I'd like to pay my balance. I was under the impression that they didn't own the debt anymore. Once a representative was on the line, I explained that I would like to pay them and would prefer to not deal with a collection agency. She told me that I could pay them and the collection agency wouldn't have it anymore. I went through it again and said, I don't want them reporting on my credit report and she said, "you won't have to worry about them anymore."
I asked for something in writing stating that the debt was paid with them in case a new CA popped up and she said they could only send by snail mail.

I paid because it was my debt, and I knew it would need to be paid before buying a house. I figured this was the best time to pay an OC since the new CA hasn't reported and the old CA should be deleted.

I'll be sure to update this post if a Paid CA pops up all the sudden. Thanks for everyone's help!

DaBears- my husband is a die hard bears fan too