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No response to my DV letters......now what?

GraceK
Established Member

No response to my DV letters......now what?

I sent out about ten DV letters to CA and only heard back from 3 which I sent PFD to.  What do I do about the 7 who haven't responded.  Its been over 8 weeks.  Should I send another DV letter?  Thank you for your help.
Message 1 of 4
3 REPLIES 3
HappyDays
Moderator Emeritus

Re: No response to my DV letters......now what?

Send a dispute  fax or CMRRR  to all CRAs reporting  alond with copies of DV letter   cert.paper and GC
 
 
Your Name
Address
City, State Zip
 
TU/EX/EQ
Address
City, State Zip

DATE
 
RE: Account #_________/Original Creditor’s Name
 
Dear CRA:
 
This is a request for deletion of a disputed item. I have attempted to have this allleged debt
verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that
"Collection Agency" do what is legally mandated by the FCRA and FDCPA, and delete the account listing.
 
Name of Creditor/Agency, Account #_________
 
On XX XX 08, "Collection Agency" received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request.
 
 
As of today, XX XX 2008, they have failed to provide any proof or respond in any way. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter.
 
The FDCPA states they must cease collection activity until they have produced verification of the
alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which
they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists
or they would have provided it in the previous X months since it was requested.
 
Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the
item as in dispute. Again, this was not done. Another violation of the FDCPA. (DELETE THIS PARAGRAPH IF IT DOES NOT APPLY!!)
 
As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus.
The FCRA also states that the credit reporting agencies must accept written proof from the debtor.
Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted
in its entirety as there is no proof of its existence as evidenced by my attached documented proof.
Sincerely,

Your Name
 
You can send 2nd letter to the CA  CMRRR .   I usually never need the 2nd letter but if you want to send it do so at the same time as dispute with CRAs.
 
 
Dear Sir/Madam:
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an uneventful resolution of this matter.
I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
  • Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
  • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
  • Intimate knowledge of the creation of the debt by you, the collection agency.
As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.
Thank You,
TYPE NAME
 
Message 2 of 4
AthenaQ
Member

Re: No response to my DV letters......now what?

"On XX XX 08, "Collection Agency" received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request.


As of today, XX XX 2008, they have failed to provide any proof or respond in any way. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter."



Sorry for my ignorance...

You advise to send a copy of the original DV sent to the CA, as well as a copy of the GC from the Post Office?

Then, I get confused at what this part means...
"As of today, XX XX 2008, they have failed to provide any proof or respond in any way. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter."

What documentation are you referencing here? The same original DV letter and GC?
Message 3 of 4
HappyDays
Moderator Emeritus

Re: No response to my DV letters......now what?

Yes   when you sent the original DV letter......you did send it CMRRR correct?     If you did...then send a copy of that letter and the cert.paper and the GC.    The CERT.paper shows that it was registered with the post Office & shows the certified #.......the GC gives the date that it was received & signiture of the person that signed for it.
 
Then, I get confused at what this part means...
"As of today, XX XX 2008, they have failed to provide any proof or respond in any way. Attached is a copy of the letter and the U.S. Post Office showing they did receive that letter."

If you send it Monday 5/05/2008    then that is the date that you put in there!
 
In other words  you are telling the CRA that as of Monday  May 5, 2008   you have not received an answer from the CA.
 
Sorry for my ignorance.......In this forum NEVER say that you are sorry for asking questions!!!!
 
You are not ignorant!!!!  you should have seen some of my questions when I started....You would still be laughing & scratching your head!
 
 
 
 
Message 4 of 4
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