topic Re: DV letter Response I got. in Rebuilding Your Credit

DV letter Response I got.

androsqueen — Sun, 15 Mar 2009 04:30:10 GMT

This is the responce I got from CA for a phone servcie company;

Please be advised that your letter dated Feb 25, 2009 (copy enclosed) has been found to be invalid.

I review of the FDCPA which you have quoted in your dispute letter will show that we ARE NOT required to provide you with most of the information you have requested. The few items that you are entitled to must be requested within 30 days of our fisrt letter to you.

This letter was sent to ( my Address) on 06/19/2007. You are almost 2yrs too late per the FDCPA to dispute this collection account.

Please contact our offices immediately to arrange for full payment of this account and to prevent and further collection activity against you.

My question is are there response valid? what can I do next.

Thanks , I did sent the letter return receipt.

Re: DV letter Response I got.

Anonymous — Sun, 15 Mar 2009 06:11:55 GMT

@androsqueen wrote:
This is the responce I got from CA for a phone servcie company;

Please be advised that your letter dated Feb 25, 2009 (copy enclosed) has been found to be invalid.

I review of the FDCPA which you have quoted in your dispute letter will show that we ARE NOT required to provide you with most of the information you have requested. The few items that you are entitled to must be requested within 30 days of our fisrt letter to you.

This letter was sent to ( my Address) on 06/19/2007. You are almost 2yrs too late per the FDCPA to dispute this collection account.

Please contact our offices immediately to arrange for full payment of this account and to prevent and further collection activity against you.

My question is are there response valid? what can I do next.

Thanks , I did sent the letter return receipt.

Depends on exactly what you asked them to provide to you but it sounds like they are full of it and just stancing to scare you off or make you back down. Just my two cents. Ask them to prove they contacted you because you never got anything from them and their claim to have sent you any notice alone without proof is not legally sufficient, they will change their tune.

BTW: They will probably send you an affidavit of mailing (a bullcrap sworn statement of their secretary) that they put it in the mail. Legally that is not sufficient, they need to have at the minimum, certifled mail it to be considered proof. Plus, no matter WHEN you dispute the validity of a charge, legally they are bound to prove you wrong or remove it.

Message Edited by Guardian on 03-14-2009 11:11 PM

Re: DV letter Response I got.

Anonymous — Sun, 15 Mar 2009 12:04:11 GMT

androsqueen wrote:

My question is are there response valid? what can I do next.

Well, that just depends. What did you ask for? Did they mail you a letter almost 2 years ago?

The FDCPA requires them to provide, when requested within 30 days of their letter, the name/address of the OC, the amount of the debt, and a copy of the debt or judgment.

If you used a sample letter floating around here that asks for a whole list of items.....they are right.

If you got their letter > 30 days ago, they are right.

Now, if you were to take it to court, they would likely have to prove they contacted you on said date.

Re: DV letter Response I got.

Anonymous — Sun, 15 Mar 2009 12:05:00 GMT

Guardian wrote:

Plus, no matter WHEN you dispute the validity of a charge, legally they are bound to prove you wrong or remove it.

There is a difference in a dispute and in a DV request.

Re: DV letter Response I got.

nothingman02 — Sun, 15 Mar 2009 13:57:32 GMT

This is what I think. They can push you all they can but they will not be able to sue you in court unless they have a copy of the original signed contract between you and the OC. If you have bought the OC's product online and made an electronic signature, that is good enough as well.Most of the time, especially when the debt is sold, or the banks merge etc, that agreement is not available.It very well could be too however.

I think you should send a second letter, very brief and to the point stating that you don't know this debt and who they the heck they are and that you are concerned that they have obtained your financial information including your SSN and are demanding an obscene amount of money and also putting it all over your credit report. Hence they send you the copy of the original signed contract between you and the OC and a satisfactory explanation of the debt - the orignal debt @ DOFD and the acrued interest interest, charges, fees etc.Thats it.

Dont have to ask for anything else as all the information such as amount of debt, OC address etc is something they usually have and use to verify those funny disputes with the CRAs. Especially when they claim they don't have to provide you any information since you are too late. Also, if you ask them everything from A to Z, they will likely answer to a couple of questions they can, such as the ones they can to the CRAs and ignore the rest. Dont give them that chance and ask them only for those two things that I mentioned above to start with. They either have the info or dont. Period.

Also, if you have contacted them after a long time, did they send you a new letter. Basically every letter they send has a note in the bottom saying that if you wanna dispute it, you have 30 days to do so. So technically, its been two years yeah, but their letter still gives you further 30 days from the day they sent it which is very recent. Just an idea.Not sure about the actual law.

If they dont reply, send it again and again.Unfortunately, you will have to be a lot patient. Also start off with BBB, FTC, AG an all. My point is that if you get an idea that they do not have that copy of the contract, they dont have a case in court for a judgement and you can tell them to FOAD if they don't want to agree to a PFD or paid current and closed. However, if they do have that information, you must be really concerned and discuss with them about settling and closing this whole thing. Keep an eye on your SOL.

P.S: Please confirm everything with other, more experianced people on board here. I started learning and rebuilding from only this Jan 09 and am pretty new still.

Message Edited by nothingman02 on 03-15-2009 06:57 AM

Re: DV letter Response I got.

Anonymous — Sun, 15 Mar 2009 16:16:16 GMT

By mail, send a complaint to The office that handles consumer conplaints (check the AG office) include the DV letter that you sent to the CA and their answer to you!!!

Check the state of Fl to see if they are licensed. If not complain about that also! If they are not licensed in FL they can not collect! IF the debt accured in another state then the CA doesn't need a license in Fl.

Send the CA another DV CMRRR then wait to see if they answer.

Remember the Federal SOL is 2 years from DOFD

Re: DV letter Response I got.

nothingman02 — Sun, 15 Mar 2009 17:49:27 GMT

Uh..er...sorry i forgot. Other than the original contract another important thing as HappyDays mentioned is the CA's license. They have to be licensed to collect in the state the debt occured. Check the SOL too. I just learnt in another thread that SOLs could 'toll'. Meaning that if you had the debt in state A and moved to state B, then the SOL from state A could halt until you move back to State A or something of that sort. In other words, the SOL would never pass. The CA could use either state's laws for debt collection too. I hope someone would correct me if I am wrong as these are the answers that I have and I am in a similar situation.

Re: DV letter Response I got.

androsqueen — Mon, 16 Mar 2009 02:49:27 GMT

Thank you all so much for responding . It is from some phone company. I did use one of the letter here but will sent another letter as stated here and see what happen. Will keep you all posted.

Thanks