HELP with DV Letter - Send documentation?

[Anonymous]

Here's the quick background:

DirecTV alleges we owe them $400 on an old account. They are crazy because when we closed the account a few years back, there was no balance. Then, this mysterious non-itemized $400 bill started showing up a few months later. We have always refused to pay and when we request additional information, we get generic, unhelpful responses. They literally cannot tell us what the $400 is for.

I sent a DV letter to the CA that now has the DirecTV debt on 06/09/2010. I received no response and was preparing to send a follow-up. However, I stumbled across an old file from this issue that contains a statement from DirecTV showing the zero balance from when we closed the account.

So here's my question - how should I proceed? Is the DV follow-up the way to go? Should I do something with this old statement showing the zero balance? Include it in the letter? Send a letter to DirecTV directly? I feel like it's darn close to "proof" that we owe nothing on this account.

[Anonymous]

I would contact DirectTv again and let them know you have the proof that you owe nothing on the account.  Tell them you would like them to recall the account from the CA unless they can prove otherwise.

See what they say before doing anything else with the CA.  They don't have a time limit to respond to a DV, they can't continue collection activity until they do.

[Anonymous]

Yeah alot of us are getting confused as to what a DV actually does.  There is an original creditor, a balance reported on the creditor's account, and a debt collector.  All the debt collector's responsibility is is to state the original creditor and the balance owed plus any incurred fees due to your state law but that has nothing to do with the point. 

When they supply you with this little bit of information they have done their job even if the amount should not have been charged to you in the first place that is outside of the CA's control and should not be taken up with the CA. All they have to prove is that there was an existing balance with a creditor that they now have the right to collect on.

A dv at best may or may not get a certain CA to back off but that will have nothing to do with what you are claiming.  However do not be suprised if it comes back verified and there is no way for you to get them to cease collection activity because the error is on the behalf of the party responsible for the original account not the CA.

Your issue is an arbritrational issue and should be taken up with the likes of your states AG, or the ftc and at worse small claims (I just make sure that you include all the expenses you incurred to take matters to court i.e missed work time whatever).  Especially if you have the records to show that the account was closed with a zero balance and the fees occured after the fact.  You definately have a winning case but you are going through the wrong channels.

[Anonymous]

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@Anonymous wrote:

Yeah alot of us are getting confused as to what a DV actually does.  There is an original creditor, a balance reported on the creditor's account, and a debt collector.  All the debt collector's responsibility is is to state the original creditor and the balance owed plus any incurred fees due to your state law but that has nothing to do with the point. 

When they supply you with this little bit of information they have done their job even if the amount should not have been charged to you in the first place that is outside of the CA's control and should not be taken up with the CA. All they have to prove is that there was an existing balance with a creditor that they now have the right to collect on.

A dv at best may or may not get a certain CA to back off but that will have nothing to do with what you are claiming.  However do not be suprised if it comes back verified and there is no way for you to get them to cease collection activity because the error is on the behalf of the party responsible for the original account not the CA.

Your issue is an arbritrational issue and should be taken up with the likes of your states AG, or the ftc and at worse small claims (I just make sure that you include all the expenses you incurred to take matters to court i.e missed work time whatever).  Especially if you have the records to show that the account was closed with a zero balance and the fees occured after the fact.  You definately have a winning case but you are going through the wrong channels.

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They only have to provide that information if you dispute the debt or specifically ask for the OC.  Otherwise, all they have to tell you is who is currently collecting and how much.

[Anonymous]

I appreciate the reply.

All prior communications with DirecTV to "dispute" this balance were done over the phone, which obviously is not the best method. Before I decide to take any drastic measures, I would like to at least send them a formal letter enclosing the zero balance statement asking them to explain the alleged debt and remove the balance, stop reporting to CBs, etc. Any suggestions on templates or strategy for this letter to the OC (DirecTV)??

[Anonymous]

I would just send them a letter telling them a CA is trying to collect on a closed account with no balance.  Provide a copy of what you have. 

You pretty much said exactly what you need to say.  Send it to the CEO.

[Anonymous]

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@Anonymous wrote:

I appreciate the reply.

All prior communications with DirecTV to "dispute" this balance were done over the phone, which obviously is not the best method. Before I decide to take any drastic measures, I would like to at least send them a formal letter enclosing the zero balance statement asking them to explain the alleged debt and remove the balance, stop reporting to CBs, etc. Any suggestions on templates or strategy for this letter to the OC (DirecTV)??

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You have nothing to risk by talking to them over the phone because you have nothing that will prove you to be liable for anything.  I agree with this thinking, i apologize for not mentioning that in the first reponse.  I think this is the correct thing to do at first but atleast you know your outs now if they prove to be stubborn.

Guiness what on earth are you talking about.  My point is that's all they can possibly get from  a DV they can't dispute the original terms of the contract with a CA. they have to go another route.  The OP was wondering if sending the CA a DV was the way to handle the situation and i was just explaining that that isn't necessary the right remedy for the current problem.

[Anonymous]

Basically, I just want to know where to go from here. I've already sent a DV to the CA with no response.

Now I have this zero-balance statement and was wondering where I should sent it (CA or OC) and what I should say in the letter accompanying it. It sounds like I should send it to the OC and simply write a letter explaining that the debt is invalid, as shown by the balance and ask them to eliminate the debt and withdrawal from CA? Is that correct? Any special language? It seems like it would be nice to cite the section of the FCRA that requires creditors to only report correct information. Anyone know that citation?

[Anonymous]

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@Anonymous wrote:

Basically, I just want to know where to go from here. I've already sent a DV to the CA with no response.

Now I have this zero-balance statement and was wondering where I should sent it (CA or OC) and what I should say in the letter accompanying it. It sounds like I should send it to the OC and simply write a letter explaining that the debt is invalid, as shown by the balance and ask them to eliminate the debt and withdrawal from CA? Is that correct? Any special language? It seems like it would be nice to cite the section of the FCRA that requires creditors to only report correct information. Anyone know that citation?

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You are 100% correct sending this info to the CA is a waste of time IMO.

No special language required you have all the evidence you need.  I'll leave the exact fdcpa laws to Roberteg but you have all that you need to show that the incurred fees in question are illegal.

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

I appreciate the reply.

All prior communications with DirecTV to "dispute" this balance were done over the phone, which obviously is not the best method. Before I decide to take any drastic measures, I would like to at least send them a formal letter enclosing the zero balance statement asking them to explain the alleged debt and remove the balance, stop reporting to CBs, etc. Any suggestions on templates or strategy for this letter to the OC (DirecTV)??

---

You have nothing to risk by talking to them over the phone because you have nothing that will prove you to be liable for anything.  I agree with this thinking, i apologize for not mentioning that in the first reponse.  I think this is the correct thing to do at first but atleast you know your outs now if they prove to be stubborn.

Guiness what on earth are you talking about.  My point is that's all they can possibly get from  a DV they can't dispute the original terms of the contract with a CA. they have to go another route.  The OP was wondering if sending the CA a DV was the way to handle the situation and i was just explaining that that isn't necessary the right remedy for the current problem.

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What I am talking about is you giving them incorrect or not full information.    You stated all they had to give you was the OC name and amount.  I said that was not correct unless you disputed it or specifically asked for it.  A DV only makes them tell you who is currently collecting.