DV again, Send old DV paperwork to CRAs or or or

[Ceejay1978]

Credit Association is on all 3 CRAs for an old Comcast bill.  Here is the thing:

Credit Protection Association is showing an amount of $1031

I have returned the boxes years ago and Comcast has something around $300 but wont take my payment

I DVd them back in 2009 and never got a response.

So now I am here again looking at this ding in my report that wont go away and I am stuck on how to fix it

SHould I DV again and hope they get the amount correct so that I can PFD?

Should I just PFD for somewhere around what I really owe them?

Should I send the copies of the DV info to the CRAs with explanations of the discrepanies and hope they remove?

Your advice is apprciated!!!

[guiness56]

It looks like Comcast does not own the debt any longer.

I would send the CA a direct dispute under FCRA 623 and have them account for their balance. 

You do have proof you paid, I hope.

[Ceejay1978]

I returned the boxes with left me with a balance (for the services) of $300 and change.  I spoke with a representative and this was the amount she gave me but she was unwilling to send anything to the CA to have the amount corrected or pull it back.

At this point I have shipping/tracking anf confirmation that the boxes were returned.

Can someone give me a copy of a great dispute letter?

[guiness56]

Just keep it simple.  "Under FCRA 623, I dispute the balance of this account.  Please investigate and return your results to me."

I would not start using legalize or threats or anything at this point.

Per the FCRA, they have the same amount of time to respond as if you had disputed with the CRAS.  Also, if they try to say they don't fall under the FCRA, in this case, as a furnisher of information, they do.  They are required by the FCRA to respond.  If they don't, post back.

[Ceejay1978]

Thanks! Will do

[RobertEG]

If you disagree that the account is yours, I agree that the correct thing to do is dispute the accuracy of their reporting.

 However, I disagree with keeping it that simple.  Unlike a DV letter, you have the obligation to support your dispute with sufficient information for them to conduct an investigation..

16 CFR 660.4(d) requires specifc identification of the inaccurate information, and all supporting documentation reasonably required by the furinsher  to substantiate a basis for their investiation of its accuracy.  A mere allegation lacking anyy supporting documentation is clear grounds under 16 CFR 660.4(f) for dismissal of the dispute without any investigation. This is particularrly true when you dispute is directed to the debt collector, and the issue of legitmacy of the original debt resides with your dealings with the OC..  A direct dispute that does not tell them how the debt is not legitimate is probably destined for failure.  They wont go on a fishing expedition based on a guess of your unstated basis for a dispute.

As for DVing again, unless you live in Texas, they have no obligation to respond to your DV.  Sending compalints about lack of debt validation to the CRA is a waste of time.  The CRAs are not a party to the DV process, and failure to respond is not a violation of the FDCPA or the FCRA

[Ceejay1978]

The account is mine, the amount due is incorrect. 

So should I get a letter from Comcast stating the current amount due and dispute the CA? But then wont that prove that I owe the $300 and then eliminate my chances of a PFD?

[guiness56]

I guess I am confused as to what you are trying to do. 

If you get a letter from the OC stating this is how much you owe, then that is the amount you PFD to the CA.  Send a copy of the letter along with the PFD.

What do you mean by it will prove you owe the $300 and eliminate your chances of a PFD?

[Ceejay1978]

Honestly, I just want the TL off but I wanted to offer less than the amount owed (300+) in my PFD.

But i guess theoretically I can offer than whatever I want andits up to them to say no.  Im going to PFD explaining what the whole situation is and hope they comply.

I will call comcast and first ask if i can pay them to pull it back and if not, ask for the letter stating my corrected amount due and use it to PFD.

Ultimately, I want this off my credit report (paying the least amount that I can)