DV Letter Question!!!

Anonymous · ‎01-10-2012

Hello Everyone, I am in the process of doing a DV Letter but don't know if I am suppose to sign the letter at the bottom? YES or NO. Do I send it CMRRR?

The DV letter is to be sent to a CA and I was reading and reading on suggestion based on this (direct link to what I was reading) and notice that a few people got sue just for requesting Validation, I believe reading this on page 4 or 5. I don't want to be sue when my debt is $359, but wanted to send DV because they refuse to delete even if I pay in full for deletion. what should I do?

RobertEG · ‎01-10-2012

My opinion, for what it is worth...

A DV has a timeliness date, and must be from the consumer. It is one of the few instances where you are under a time period for reply, so yes, I would advise sending it CMRRR as evidence of date of receipt.

Some advise not to sign a DV letter, apparently in fear of their copying of your signature, but I dont subscribe to that caution. Your signature is legal proof that it came from you.

Yes, I would sign it.

They can choose to sue, but doubtfully due to a DV letter. If they do, there are many legal precedents stating that they must provide the requested verification before the court will procede. I doubt that they want to face the court without having at least provided verification, and if they do, in most decisions Ihave read, the court will compel their verification before proceeding on the merits.

I personally dont see the connection between DV and their non-accpetance of PFD. But that is up to you. Since you have apparently been negotiating with them since receipt of their dunning notice, has the 30-day period set in the dunning notice expired? If so, your DV may be untimely (unless you live in Texas).

Verification requires, under FDCPA 809(b), only that they obtain verification from the creditor of accuracy of the debt, and provide you the amount of the debt under collection.

It also imposes a cease collection bar on them. Is that your goal? I am wondering what specific outcome you hope from a DV? They dont, unless you live in Texas, even have to respond....

Anonymous · ‎01-10-2012

I am hoping on the DV to work on my favor if no response within the time frame to delete with the CRA, as the CA dont want to remove it. My main focus is to delete/remove the account.

NOTE: I can always PIF for deletion but they dont want to.

What you recommend me doing?

MarineVietVet · ‎01-10-2012

@Anonymous wrote:
I am hoping on the DV to work on my favor if no response within the time frame to delete with the CRA, as the CA dont want to remove it. My main focus is to delete/remove the account.

NOTE: I can always PIF for deletion but they dont want to.

What you recommend me doing?

Unless you live in Texas there is nothing in the law that requires a CA to answer a DV within a certain time period. But until they do respond collection efforts have to stop.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

RobertEG · ‎01-11-2012

DV letters relate to verification of debt under the FDCPA, not the accuracy of credit reporting under the FCRA.

Failure to provide debt verification,whether proper or improper under the FDCPA, is not itself grounds for requiring credit report deletion.

While failure to verify may be based on inaccuracy of the debt itself, it might also simply be due to lack of response by the debt collector.

If you want credit report deletion on the basis that the debt was not yours, and thus not collectible, you should submit your documentation to the CRA in the form of a dispute of accuracy of the debt.

2NE1 · ‎01-11-2012

@Anonymous wrote:
Hello Everyone, I am in the process of doing a DV Letter but don't know if I am suppose to sign the letter at the bottom? YES or NO. Do I send it CMRRR?

The DV letter is to be sent to a CA and I was reading and reading on suggestion based on this (direct link to what I was reading) and notice that a few people got sue just for requesting Validation, I believe reading this on page 4 or 5. I don't want to be sue when my debt is $359, but wanted to send DV because they refuse to delete even if I pay in full for deletion. what should I do?

I'm on the same boat as yours, I have sent a CA a PFD offer letter and got no response. I have sent a DV letter and no response so far. I am now going to send letters to the CRAs to provide the validation of those accounts in collections and see if they delete them in case they can't verify the relationship between the OC and CA. Have you tried contacting the OC and see if they're willing to PFD? they could always retrieve the information they gave to the CA and have them remove it off your CRs.

Anonymous · ‎01-11-2012

No, I haven't contacted the OC as I dont know who it is.

Any suggestion on how to obtain the OC info?

RobertEG · ‎01-11-2012

CRAs dont provide "validation of accounts."

They have no knowledge of the accuracy of a debt, and no authority to even compel an investigation of legitimacy of a debt. That is reserved to debt collection practices matters between the consumer and debt collector under the FDCPA.

The FCRA dispute process is confined to investigation of the accuracy of information reported to a CRA, not the accuracy of debt asserted by a credtior/debt collector.