topic Re: DV Response in Rebuilding Your Credit

DV Response

Anonymous — Thu, 29 Jan 2009 14:59:39 GMT

After sending a DV letter to the collection agency they responded by mailed a statement with a date of Jan 12, that they will be sending information, validating the account. How long do I give them to validate before asking to delete the account on my credit report? Any help is greatly appreciated.

Re: DV Response

Anonymous — Thu, 29 Jan 2009 15:15:48 GMT

30 days from the date that they signed the green card

Re: DV Response

Anonymous — Thu, 29 Jan 2009 15:28:32 GMT

Is there a template letter floating out there? I can't wait to pounce on these guys. Thanks again.

Re: DV Response

Anonymous — Thu, 29 Jan 2009 15:31:49 GMT

You did already send a DV letter right? Did the CA send you a dunning letter within 5 days? or is this a collection you found on your credit report. Because if it is a CA that you found on your credit report then they can take as long as they want and do not have to answer at all.

Re: DV Response

Anonymous — Thu, 29 Jan 2009 15:34:16 GMT

They sent a dunning letter, I replied with a DV, and they sent a response stating if they were to continue to pursue the collection activity, they would have to validate first and cease efforts to collect until they sent validation.

Re: DV Response

upinflagstaff — Thu, 29 Jan 2009 15:38:32 GMT

There is a letter, named follow up DV or something like that. You should be able to find it by searching follow-up DV letter on this site.

Re: DV Response

Anonymous — Thu, 29 Jan 2009 15:47:38 GMT

Greatly appreciated. It would be wonderful to get these guys off my CR.

Re: DV Response

Anonymous — Thu, 29 Jan 2009 22:37:35 GMT

I have a question. I sent of a couple of dv letters on 10/22/08, 3 did not respond aside from the confirmation that they received them. I sent them certified btw. What is my next step being that the accounts are still on my report and then i get a report from true credit saying that i have a new account, which is one of the creditors i DVed. So they had the nerve to report it to another bureau. WTHeck?! One did respond with SOME of the info I requested to validate, ie the signed contract. So I'm assuming that i should just pfd them. Help! I hope I didn't confuse anyone.

Re: DV Response

Anonymous — Fri, 30 Jan 2009 00:03:29 GMT

i think you are on the right track to PFD the CA that validated.

For those who haven't, I would file complaints with the BBB, the AGs in both states, and the FTC for violation of FDCPA 809.

then I would send the CAs a letter CMRRR stating that continue reporting without providing a response to your DV letter will be considered a willful violation upon receipt of the letter itself.

wait a week from receipt, if they are still reporting and you received no validation, then send ITS letters CMRRR requesting removal of reporting and $1,000 statutory fines within 1 week of receipt.

wait a week + 5 days from receipt, if they are still reporting and you received no validation, then file suit in small claim.

Re: DV Response

Anonymous — Fri, 30 Jan 2009 01:35:42 GMT

ok after i look up what AG and ITS mean, i'll get right on it! lol Is there a sample of what I should write? Thanks for the help demed! Hopefully, getting those 3 removed will help raise my score enough to do what I'd like which is to help get me and my better half into a bigger home! I'm still trying to figure out how and what all affects the rise or fall of my scores in detail.

Re: DV Response

Anonymous — Fri, 30 Jan 2009 14:48:05 GMT

in the complaints to the AGs, BBB and FTC, you state you tried to obtain validation per FDCPA 809 and the CAs have not responded but continued collection activity past the 30 days window.

in the ITS, basically the same, you notify them of violation of the FDCPA 809 and give them one week to stop collection activity - after that date you will consider them in willfull violation, demand $1,000 statutory file per violation, and file suit without further notice.

Re: DV Response

Anonymous — Fri, 06 Feb 2009 14:35:43 GMT

Ok, so I've been looking around everywhere to see what percentage I should offer in the PFD letter. I've seen 40% and 80%. I really want to get this thing sent off ASAP, and I really don't want to send them a percentage that they won't agree to...meaning I'd have to send another letter. lol The account is from 2003 and is around $800. I don't know if the age of an account has any influence as to what amount would be accepted. Of course if this was my only debt I'd offer to PIF for deletion, BUT I have others so I want to be able to pay those also within in the year. I do keep in mind that this is a process and you may have to go back and forth with them until you reach a resolution. Any suggestions would be greatly appreciated. I'm tired of being in the 500s!

Re: DV Response

Anonymous — Fri, 06 Feb 2009 15:02:39 GMT

Just for an update on the original post, it's been almost a month since Arrow confirmed the receipt of my DV letter. I checked my CR this morning and noticed that they deleted the account from every CRA except EQ. So I bought todays score from TU and it increased 26 points. This is really my first victory in my long battle with credit.

Re: DV Response

upinflagstaff — Fri, 06 Feb 2009 15:57:34 GMT

It is an awesome feeling when something gets removed Make sure that you keep a copy of these reports that show this collection gone.

Re: DV Response

Chanduwar — Fri, 06 Feb 2009 20:26:18 GMT

Whom should you send a ITS letter to? CA or CRA?

Chanduwar

Re: DV Response

Anonymous — Fri, 06 Feb 2009 21:11:20 GMT

@Chanduwar wrote:
Whom should you send a ITS letter to? CA or CRA?

Chanduwar

to the CA.

Re: DV Response

Anonymous — Sat, 07 Feb 2009 15:25:31 GMT

Since Arrow could not validate the debt and took the account off my CR, is there anything I can do with the OC to try and get them off the report also?

Re: DV Response

Anonymous — Sat, 07 Feb 2009 17:05:02 GMT

WHAT do you mean they dont have to respond? I found a debt on my report for Verizon for 361.00 I called them regarding it. The gentleman on the phone coulod find no information on this debt. he told me I would have to dispute the account with the CB. Well I was like Ok fine let me cover my bases and sent a DV CMRRR to Verizon first. Now ya tell me it was a waste?

Re: DV Response

RobertEG — Sun, 08 Feb 2009 03:43:57 GMT

I think the CA has correctly stated the law. There is not period under the FDCPA for a CA to respond to a DV letter. They must only desist collection activity until such time as they choose to validate.

If you seek action regarding your credit report, the path to take is not a DV letter, but rather a dispute under section 611(a) of the FCRA, provided you dispute all or a portion of the debt.

Re: DV Response

Anonymous — Sat, 21 Feb 2009 03:10:45 GMT

Well, I sent off the letters to the CRA's in reference to the two DV's I sent out that got no response. So I'm keeping my fingers crossed that all ends well. I used the example letter that was in one of the posts, I believe by sidewinder. I checked my credit report again this morning before sending them off just to see if any were close to falling off. The one account that I sent a DV to and got a response is about to fall off in 2010, so I'm not sure whether to go ahead and send a PFD or wait it out. My better half and I are planning to start looking for a bigger house this year, so any suggestions would be greatly appreciated on what I should do. Also, I've asked this question in another post, but got no response, so I'll try again. I have two accounts, one being a hospital bill and the other an ambulance bill, both obtained on account of domestic situation caused by my ex. Technically, yes they are mine, but if it weren't for his actions, I wouldn't have incurred these bills. He is spending 12 yrs hard time for this and was ordered by a judge to pay restitution, but no amount was set. My question is, should I contact my lawyer and see if he is liable (keep in mind he is still incarcerated) or should I just pay it off?