DV Response Question

[tipofthespork]

So on May 21st I DV'd a CA (Armada Corp.). I recieved a response back asking me to provide the following:

1.) the Name, Account Number, and Amount owed to the OC;

2.) My SSN, DOB, Work Address, Work phone number.

I know that the purpose of a DV is to get the CA to validate everything listed in number 1 above. So I attempted to explain myself to the CA in an email (avoiding phone conversations as much as possible.) They insisted that i needed to provide the information they requested or my complaint couldn't be handled properly.

I decided that I would file a complaint with the BBB and see what happens. I was very thorough and stated my position clearly. The resonse I got back was:

This correspondence is in response to Mr. XXXXXXX's complaint.

Armada was in receipt of a dispute letter from Mr. XXXXXXXXX on 5-21-12.  Based on the lack of information he provided, Armada was not able to confirm the proper identity of Mr. XXXXXXXXX.

Armada responded with a letter, (which he attached with his complaint) advising him that we needed more information.  The dispute he alleges had no specific information to form the basis for an investigation and therefore  unable to investigate pursuant to 15 U.S.C 1681s-2(a)(8)(F)(i) of the FCRA.

Federal Trade Commission regulation 16 C.F.R. 660.4(d) states direct dispute notice must include: (1) sufficient information to identify the account or other relationship that is in dispute, such as

an account number and the name, address, and telephone number of the consumer, if applicable; (2) the

specific information that the consumer is disputing and an explanation of the basis for the dispute; and

(3) all supporting documentation or other information reasonably required by the furnisher to substantiate the basis of the dispute. This documentation may include copy of the relevant portion of

the consumer report that contains the allegedly inaccurate information, a police report, a fraud identity theft affidavit, court order, or account statements.

Once we can confirm the full account number to which Mr. XXXXXXX is disputing or additional information, Armada can proceed with the investigation.  He is more than welcome to contact Armada at 1-800-XXX-XXXX

Respectfully

Armada Corp

I did not request a dispute but rather debt validation. I explained this in "barney" terms in my resonse to the BBB. I again set forth the appropriate sections of the FDCPA and even reiterated what the statute says. I provided my full name, address, and the partial account number that was on my CR.

Is there anything I can do in the interim? Should I dispute? the basis for a dispute is I have no clue what this debt is from. the collection simply gives the CA name, amount and dates.  If i do owe this debt I will gladly pay it (ofcourse after trying PFD). If i dispute it CAN it make my credit worse? (right now it was opened 8/2010, last reported 2/2011. I'm working on uping my scores to attempt to get approved for a mortgage in october. thanks

[RobertEG]

I would send a followup letter advising them that they have erroneously considered your request for debt verification under FDCPA 809(b) as a direct dispute under FCRA 623(a)(8).  Point out that you never asserted a dispute of their reporting of any information, but rather requested verfication of the debt.

I would provide a concluding paragraph that you consider your prior letter to have constituted, as of the date of their recepit, a bar on their continued collection of the debt until such time as they have provided the requested debt verification.  FDCPA 809(b). 

Put the ball back in their court, and hold them to the cease collection bar that your DV request was entitled.

[tipofthespork]

Thanks again Robert. You always provide a solid direction to head. I owe you a few beers for all the advice you've given me this far. Certain more to come in the future. Your contributions are truly a selfless act

[Lzzybeth]

Hello there,

Sorry to bump an older thread!

tipofthespork - I myself just sent a DV to Armada Corporation and would greatly appreciate knowing how your situation turned out. Thank you very much!