OK, You DVed, Now What?

[Anonymous]

You sent your DV letter because you disputed all or part of the debt, you sent your letter CMRRR, you got your RRR green card back, now what?

Start a file folder, save everything you receive, and save a copy of everything you send. Save your CM receipts, RRR green cards, USPS receipts (which have the CM # on them), and put a reference line at the top of all your letters like this:
USPS CERTIFIED MAIL xxxx xxxx xxxx xxxx xxxx

Wait about 4 weeks after the CA received your DV letter, per the RRR green card, and if they haven't validated but are still calling, writing or reporting to the CRAs, then it's time to send a follow up DV letter.

Keep your follow up DV letter simple.

On <date>, your company received my letter requesting validation of a debt you claim I owe. In accordance with §809 FDCPA, you are required to either validate this debt or cease all collection efforts, including the deletion of all credit bureau reporting. Continued reporting to the credit bureaus constitutes a violation of the FDCPA.

You also want to send a written or faxed dispute to the CRAs. Keep these simple.

On <date>, <CA> received my dispute of account <account number> which they claim I owe to <OC>. They have not validated their claim in accordance with §809 FDCPA. Delete this disputed account.

With both your follow up DV letter and your CRA dispute, include a copy of your original DV letter along with a copy of all the evidence (CM receipt, RRR green card, USPS receipt). I've found with double sided copying, I can get a copy of a CM receipt, RRR green card and USPS receipt on the back of a one page DV letter. This means a single page enclosure with your written dispute or follow up DV letter.

In 4 more weeks, repeat the process.

[Anonymous]

With all the above stated, a consumer lawyer would likely be interested in talking with you if you have evidence you DVed the CA, but the CA persists in their collection efforts.

Here are two sources for consumer lawyers.
http://naca.net/find-consumer-protection-attorneys/
http://www.myfaircredit.com/s/national-coverage-map

If you're still getting dunning letters from a CA, dated after the date shown on your RRR green card, that's pretty compelling evidence the CA is willfully violating the FDCPA. Letters are pretty easy to present into evidence, and they are quite damning.

If you're still getting phone calls from a CA after they received your DV letter, those are a violation. However, you're going to have to try and prove it. Caller ID is your friend, and a photography of your Caller ID unit showing the incoming caller's phone number is quite compelling. But some CAs spoof Caller ID, which isn't illegal today under federal law. You might have to consider getting a telephone recorder and taping your calls.
http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=21764

Your best bet if the CA calls, and you recognize their number on your Caller ID, I'd just let the answering machine pick up. You don't have to give any sort of notification or obtain consent, and if they are calling and leaving messages that's compelling evidence they are still trying to collect.

You can sue the CA and collect $1,000 plus attorney fees. But the real payoff is if your lawyer can show willful noncompliance, then punitive damages kick in.

[Anonymous]

Im going for willful noncompliance!!!!  have my CR and it shows that the CA added another collections 10  days after receiving DV  now it shows on EQ  2 times as installment  accounts  120 day late under type collections. doesn't even show in the collections section.

They also reported to EQ  that is under collections.  NOW this one even has the date of last report  7/23   5 days after DV.

I have to call EQ because I want the date 7/28 in writting from them.

I wanted to change oil service to a company that is cheaper. I can't now as they pull your CR & will not accept you with any derogs.  Just received  delievery $550. If I had other company would have been about $375

Message Edited by HappyDays on 08-05-2007 10:03 PM

[Anonymous]

Good information!

[crivas21]

excellent info as always.crivas21

[Anonymous]

I followed your instructions & posted this:

http://ficoforums.myfico.com/fico/board/message?board.id=rebuildingcredit&thread.id=8846

The responses that I received confused me greatly. I understand that they have an unlimited time to "validate", but in the meantime don't they have to delete their info from the CRA's? Please help! We are trying to buy a house and the CA is stopping us & I know that it is not valid.