topic Re: DV or C&D in Rebuilding Your Credit

DV or C&D

Anonymous — Mon, 26 Jan 2015 18:11:39 GMT

Hello All,

I received a letter today from First National Collection Bureau, Inc demanding payment on a CC that was from a marriage 14 years ago.........definitely out of the SOL in my State.

So, the question is, do I DV, wait for the response that will show that:

1. It is my ex-wifes card/account;

2. The DOFD has got to be somewhere around 2001;

3. Man, why did I get married so young?

Then, based on thier "research" send a C&D stating they are waaaaaaaaaay outside of the SOL and to go STFU and pound sand?

Thanks all,

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Re: DV or C&D

Anonymous — Mon, 26 Jan 2015 18:14:24 GMT

The latter - send them the FOAD letter. I would not even consider a DV.

Re: DV or C&D

Anonymous — Mon, 26 Jan 2015 18:50:10 GMT

FOAD., ROTFL

Re: DV or C&D

RobertEG — Mon, 26 Jan 2015 23:00:35 GMT

I agree that sending a cease communication letter under FDCPA 805(c) will give you what you need.

However, technically, a DV is more comprehensive. If timely, it imposes a total cease collection bar, which is more than a bar only against communication with you.

Howver, since the debt is clearly time-barred and credit report exclusion has already passed, a total cease collection bar is a bit of overkill.

The only other advantage to a DV is that you could include a request for itemization of the debt, which is sanctioned by case law.

Personally, I would send a DV, but it is not really that signficant......

Re: DV or C&D

Anonymous — Tue, 27 Jan 2015 18:11:22 GMT

I jumped the gun on the first response with a FOAD letter. However, this is because I went back through my paper files from waaaaaaaaaaaaaay back when this was happening. The DOFD was 6/02 and they decided to stop paying with about $282.00 left on the balance. So odd. At any rate, it confirmed that it was time barred so I sent a letter saying such and to not bug me again.

Thanks for the replies.

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