DV Response From Nationwide Credit Corp

[Anonymous]

Greetings,

I'd like to thank everyone for helping me on my journey of rebuidling my credit. The following DV letter was sent to Nationwide Credit Corporation for a deliquent utility bill that I had while in college (Washington DC). It is inside the SOL for Texas and I am willing to PIF for PFD but I want to make sure that I'm paying the right person...this is the letter that I sent:

July 16, 2011

Nationwide Credit Group
5503 Cherokee Ave

Alexandria, VA 22312

Re: xxxxxxxx (Real Account number added, Masked for privacy)

To Whom it May Concern,

Upon review of my Experian credit report, I discovered that your company has reported an item therein.

Pursuant to 15 U.S.C. § 1692(g) of the Fair Debt Collection Practices Act (FDCPA), I am hereby giving you notice that I dispute the claims made in your letter and am requesting validation of this alleged debt.

Understand that I am not requesting verification, but validation pursuant to the cited section of the FDCPA.

Please provide me with evidence that I owe this debt, including, but not limited to:

1. The name and contact information for the original creditor

2. An accounting of the alleged debt

3. Proof that you are licensed and bonded to collect within the state of Texas.

4. Proof of stature of Limitations within the state of Texas

I will await your prompt response in this matter.

Thank you,

My Name

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I received the following letter back:

Your Account With: WASH GAS LIGHT CO-D.C.

Account Number: xxxxxxxx (CORRECT ACCOUNT NUMBER)

Reference Number: 0600.xxxxxx

Total Due: $ (correct amount due)

We received yourr dispute and updated the following information we have on file. Unfortunately we are unable to continue with the investigation until we receive the following information:

Account number, name, address, and telephone number of the consumer; specific information the consumer is disputing and an explanation of the basis for the dispute.

Example of this documentation include:

Copy of the relevant portion of consumer report containing the allegedly inaccurate information; police report; fraud or identity theft affadavit; court order; account statements; cancelled check evidenjcing payment; or receipt evidencing payment.

Should there be any further questions, please feel free to contact this office

Sincerely,

Client Services

Nationwide Credit Corporation

This communication is from a debt collector attempting to collect a debt and any information obtained will be used for that purpose.

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Is this a weak enough response to contest with the CBRs? From what I've seen this is a typical letter that CAs are sending out these days. I find it very odd that they listed my account number and the original creditor but then said they needed the account number and more information to validate my claim even though they have my account number and the balance due. The utility company is not reporting so I'm guessing that they sold it to NCC.

They were even kind enough to send me a bill with the balance and a return envelope.

Thanks For Any Help

[Anonymous]

The CA account is listed under "collections" if that helps too.

Thanks.

[Shogun]

Looks like a proper DV response to me.   They don't have to have all that stuff people put in their DV's.  Just account #, the name of the OC, and the amount.  Basically that's it.

[Anonymous]

I was under the impression that they had to prove that they were licensed in my state to collect the debt.

I did some searching on google and saw that this might be a hustle by the CAs to get more information so that you end up validating it for them.

Thanks,

M

[Anonymous]

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@Anonymous wrote:

I was under the impression that they had to prove that they were licensed in my state to collect the debt.

I did some searching on google and saw that this might be a hustle by the CAs to get more information so that you end up validating it for them.

Thanks,

M

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For a proper DV under the FDCPA, they do not have to provide evidence of licensure.  Under state legislation, however, maybe they do; each state is different.

[RobertEG]

The problem you are having stems from their interpretation of your letter as a dispute, rather than a DV letter.

Your statement in your letter that you are NOT requesting "verification" is a bit confusing in that verification of the debt is a component of any DV letter.

The term "verification" is also used with regard to disputes under the FCRA, but dont apply to the debt itself, but rather to the accuracy of an item of information reported to your CR.  While your letter, at least to me, was unequivocally a DV request under FDCPA 809(b), they chose to interpret it as a dispute of credit reporting.  Particulary confusing, sicne you stated that it was NOT a request for verification.  I think it was picked up by a clerk who doesnt know the difference......   Duh!

The things they are asking for are necessary only when you send them a direct dispute of the accuracy or their credit reporting under FCRA 623(a)(8), but not in order to request debt validation under FDCPA 809(b).

The better phraseolgy would have been to state that "this is not a dispute of credit reporting under the FCRA, but rather a request for debt validation under FDCPA 809(b)."

They sent you an apple when you asked for an orange.

[Anonymous]

RobertEG,

What should my next step be? Should I re-DV them under FDCPA(b) or just dispute it with the CRAs that they didn't validate properly.

Thanks