CONFUSED ON DV

[intookst]

After  reading some other posts here I am a little confused on DV letters. So to validate all they have to say is yes to the CRA? Mine are not with CA's. I have 2 tht r 15 yrs old that were off for 7 and reposted 7 yrs later. Wrong and nasty but... I sent letters to all 3 CRA's, do I need to send another to each OC? EQ says reinvestigation open, what does that mean? EX sent letter saying deleted. If one deletes does that mean no validation? One of these accts was paid off in 99 and was 30 days late once in 95 and they felt the need to repost this 13 yrs later!!! How can there b activity in 07 on a closed acct? What gives these ppl the right and for what reason? It is a PITA that noone should have to deal with after the SOL.  but is there any recourse for the consumer....It is kind of sad that these ppl have so much control over our lives, there are bad risks and bad things that happen to good ppl but noone cares about that they just look at these silly numbers without any questions.

Calgon take me away;-)

[Anonymous]

I wonder if you can sue them for reporting incorrect information, in small claims court.  Especially if you can show it harmed you financially, such as denied credit or a car purchase or something.

Buy the books by Ben Dover for help.

[Anonymous]

After  reading some other posts here I am a little confused on DV letters. So to validate all they have to say is yes to the CRA? 

No.

Just having an entry in their Database with your name and amount owed does not validate the debt. Often Junk Debt Collectors buy for pennies on the dollar and entire Database of old names and accounts.

This does not validate the debt or the legality of the debt transfer to their collection agency.

Did you sign or agree to the debt being moved or bought? Making any “Good Faith’ payments can constitute a new contract. Be careful… find out the SOL for debt collection in your state.

Is requested in the DV letter the CA must supply the original ‘Media’ of the debt and the account history of the debt. Additionally they must provide proof they have a right to collect the debt from you as you have not agreed to any contract with them.

Mine are not with CA's. I have 2 that r 15 yrs old that were off for 7 and reposted 7 yrs later. Wrong and nasty but... I sent letters to all 3 CRA's, do I need to send another to each OC? 

No.

The OC likely has no idea these are being collected on as they have long ago sold the debt and “washed their hands” of the whole affair.

If the SOL is expired and has not been reset by a new contract agreement or payment made by you then the debt is not collectable. Additionally the Federal Law requires that after 7years they have to come off the CRAs reports.

EQ says reinvestigation open, what does that mean?

It means they are looking into the matter.

 EX sent letter saying deleted. If one deletes does that mean no validation?

In most cases, yes. However with the age of your accounts they likely just said “no way” and did not report what the CAs were asking them to report. The CRAs also have to follow the Federal laws.

 One of these accts was paid off in 99 and was 30 days late once in 95 and they felt the need to repost this 13 yrs later!!! How can there b activity in 07 on a closed acct?

Unless you have made a payment or agreement with them that has reset the SOL then you can sue. I would threaten to anyways after confirming that the SOL has not been reset.

 What gives these ppl the right and for what reason? It is a PITA that no one should have to deal with after the SOL.  But is there any recourse for the consumer....

Yes, Contact your States Attorney Generals Office and also the FTC and file complaints against the CA with both. Then send a copy of the complaints to the CA with an intend to sue letter. Search the Forum for the DV letter and the ITS letter.

It is kind of sad that these ppl have so much control over our lives, there are bad risks and bad things that happen to good ppl but no one cares about that they just look at these silly numbers without any questions.

Calgon take me away;-)

Yes the system is built to keep us paying the interest and protect the Banking industry for the most part. The FTC can be your strongest ally in this fight along with your State Attorney General as they both can lay down punitive damages and fines in addition to the suit.

Hope this helps.

[intookst]

Thanks... I don't know what they are doing to me.. it was an old elec bill I forgot about. In 94 I called and offered a POD and they said no way so I just left it alone, it fell off and lo and behold they put it back on in 10-07 saying last actvy was 9-07..funny I live in Tx and that is AZ. So I called them and they said they sold it in 93. So it was off my report for 7 and then put back on. The only thing I knew to do was file a DV with all 3 CRA's and EQ has not taken it off. It was a factor in the denial of a loan plus dropping my score to 601, for a 90 day late. I have not had any lates on my accts for years and then this. It is for a mere $90 but I was afraid if I did anything on it it would affect me for another 7 yrs. Which would make it 20 yrs old! The other late was a speigel acct that was paid off in 99 and 1 30 day late in 95..I don't even owe them any money so why are they posting the 30 day late? It said last actvy in 6-06. I have not spoken with either of these accts in 15 yrs. So have I done all I can do?  On EX removing it raised my score 50 pts.I am doing everything I can to try and get this loan thru but keep running into brick walls. So THANKS to everyone on here that has responded you have helped in many many ways and hopefully soon this will all be behind me....

[Anonymous]

A DV  doesn't go to any CRA!!!!!!!  it only goes to a CA.    First thing that you need to do is file a complaint with the ftc! www.ftc.gov   they will not answer you but they will file it & check it out. Your complaint is with the CRAs and the OC!!

Here is a letter to send the OC  CMRRR!   make the changes where needed....this usually goes to a CA after you receive a letter BUT it works with a OC also

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

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