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I'm Confused About DVs And Disputes...

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Anonymous
Not applicable

I'm Confused About DVs And Disputes...

Can someone explain something to me.
 
I see times where people say to DV the CRA or the CA.
Which do you DV or do you do both.
 
Thanks


Message Edited by fused on 07-24-2008 03:33 PM
Message 1 of 6
5 REPLIES 5
fused
Moderator Emeritus

Re: Need collection advice, please help



Leahgemin wrote:
Can someone explain something to me.
 
I see times where people say to DV the CRA or the CA.
Which do you DV or do you do both.
 
Thanks


DV the CA, never the CRA
Message 2 of 6
Anonymous
Not applicable

Re: Need collection advice, please help

Ok so when people say that they DV the CRA's to get varification this isn't what one should do.
 
What if you do that and the CRA's can't verify don't they just delete that debt then?
 
I am so confused. 
 
So the process is DV the CA.  If they don't verify within 30day then Send that certified DV letter and proof to the CRA's to delete?
 
Thanks
 
Message 3 of 6
Anonymous
Not applicable

Re: Need collection advice, please help

I am also confused about the 30 day DV PFD .
 
I have many collections and may on here say you have to DV or PFD within the 30day notice of the collection.  What if they are years old and have not contacted you in well over a year can you still DV and PFD.
 
Also I have a friend that just sent letters to the CRA's and said that she got them to delete the ones the CRA's couldn't verify. 
 
So confused about all this.  Smiley Sad
Message 4 of 6
llecs
Moderator Emeritus

Re: Need collection advice, please help



Leahgemin wrote:
Ok so when people say that they DV the CRA's to get varification this isn't what one should do.
 
What if you do that and the CRA's can't verify don't they just delete that debt then?
 
I am so confused. 
 
So the process is DV the CA.  If they don't verify within 30day then Send that certified DV letter and proof to the CRA's to delete?
 
Thanks
 


You can only DV a CA (applicable law is the FDCPA). You dispute CRAs (TU, EQ, EX) but I advise against it. Bad things can happen.
 
CRAs (not CAs) have 30-45 days to verify an account from the point you dispute (based on the FCRA law). The CRAs will either delete, verify, or update (if no change).
 
Some say that CAs have 30 days to validate. There is no Federal law that requires this of CAs. Any mention of 30 days in the FDCPA are a requirement you have to DV the CA (from the point you get the initial collection letter). The only other 30 days listed is in the FCRA and that applied to CRAs being required to verify info within 30 days (or 45 if info comes to them late in the 30 days where they need more time to investiage). Texas does have a state law requiring CAs to verify within 30 days of receiving a DV.
 

 
Message 5 of 6
llecs
Moderator Emeritus

Re: Need collection advice, please help



Leahgemin wrote:
I am also confused about the 30 day DV PFD .
 
I have many collections and may on here say you have to DV or PFD within the 30day notice of the collection.  What if they are years old and have not contacted you in well over a year can you still DV and PFD.
 
Also I have a friend that just sent letters to the CRA's and said that she got them to delete the ones the CRA's couldn't verify. 
 
So confused about all this.  Smiley Sad


Some have attempted to combine the PFD with a DV. I advise against it. Separate the two. Remember, CAs and OCs aren't required to respond to a PFD.
 
PFD anytime you want to. DV within 30 days of their initial collection letter otherwise it would be advisable to wait after SOL expires to offer a PFD or to send a DV. But always DV a CA first before offering a PFD, even if you know you owe the money.
 
Again, you can PFD anytime you want to. Remember, they don't have to respond. And yes, you can still send a DV after the initial 30 days. Legally, they don't have to respon, but most do.
 
As mentioned in my previous post, never dispute a legit account; bad things can happen.
Message 6 of 6
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