Please review / critique my DV follow up letter

[marathonmama24]

I sent my first round of DV letters in January, and haven't heard back. The debt is on my husbands report, and he truly doesn't believe this is his. I've tweaked a letter I found online, and would like to send it out tomorrow. What does everyone think? Feedback is appreciated!

CA
Address

City, State Zip

RE:   My name
Account #: xxxxxx

To Whom It May Concern:

In reviewing my credit report, I noticed the following discrepancy reported by your company regarding the account listed above and circled on the copy of my credit report, which is attached.

Meridian / Elan US Bank
Current balance on credit report is $116.00
I have no record of ever opening or using this account.

I requested verification of this debt through your company, and have never received a response. In accordance with the Fair and Accurate Credit Transaction Act, I am requesting that you send me proof that the account belongs to me and report that this account is in dispute until this matter is resolved.

Please review this matter and contact me in writing within 30 days with the information that I have requested.

Sincerely,

Name

Enclosure: Credit Report Copy

[guiness56]

A CA is under no obligation to ever respond to your DV.  They just cannot continue collection activity until they do.

If you do not believe it is your account, fill out and FTC Fraud Affidavit and file a police report.  Send them to the CRA and ask they block the account.  Also send to the CA and request documentation pertaining to the debt.

[RobertEG]

Is your intent to send a direct dispute under the FCRA, or a renewed DV?

If it is a direct dispute under FCRA 623(a)(8), I would clearly idetify as such.

Similarly, if a DV, I would clearly identify the request as being under FDCPA809(b).

If you have alreaady sent a prior DV, I see no need to resend.  If it was timely, they are already under a cease collection bar, and a renewed request would have no impact.

They have no need to reply provided they continue to cease collection on the debt.

If a direct dispute, it must be accompanied by suffiicient documentation to substantiate a asserted error that they can then investgate

While a DV does not require documentation of a actual error, a dispute does.

As for requiring them to provide documentation or prove the debt or the accuracy of their reporting, neither the FDCPA DV process nor the FCRA dispute processes require them to do so.  They must conduct a reasonable investigation, and if they find the debt valid or their reporting accurate, convey that determination.

Any period for response need not be stated, as it is inherent in the type of communicaation you are sending.

If a DV, the consumer cannot set a required period for response.

If a direct dispute, the process itself sets a 30 day requiement for response.

Thus, clear identification of the letter as either a DV or a direct dispute is sufficient.

[marathonmama24]

Well, I'm kind of at a stand still then.

The debt was discovered on my husband's credit report. I sent a DV letter in January, to which they never responded. While have no paper documents to prove that the debt is NOT ours, we also don't have anything to prove that it IS. We have never been contacted AT ALL regarding this debt. No bills, no collection letters. I realize if it's outside the first 30 days of contact they don't have to respond, but what if they never contacted us at all? I hesitate to run to the police, because what if it truly is ours? I don't want to be in trouble for a false police report.

If it is ours, it's such a small amount, I'd rather just PFD. If it's not ours, I want it gone. Is there any way to get an answer?

[RobertEG]

The FDCPA requires a debt collector to send you a formal collection (dunning) notice within 5 days of their initiating collection on a debt, which includes reporting to a CRA.

If they never sent dunning notice, then they are in violation of FDCPA 809(a).

That fact alone will not require them to delete their reporting.   However, the reason for the dunning notice requirement is to assist consumers who are in your situation, ad need some information in order to determine the potential validity of an asserted debt.  In their dunning notice, they must identify the current owner of the debt.

If the OC still owns the debt, then dunning notice at least gives you the name of the creditor with whom the debt originated.

If the debt collector now owns the debt, the dunning notice is not required to provide their name, and thus the provision that a consumer can include a requirement for the ame of the OC in their DV.

Absence of dunning notice would thus be very important in your situation.

You can file a formal complaint with the CFPB as a means to adress theri tactic of avoiding giving information regarding the debt.

[marathonmama24]

Thank you for your help. I have submitted a complaint, and hope to have this all resolved soon.

[marathonmama24]

So I submitted a complaint, which is now overdue, and still have no response. What's my next step?

[marathonmama24]

Anyone have any insight on this one? It's been over a month and my complaint hasn't been answered.

[polno1234]

you should be able to go online and check the status of your complaint on their website.

[marathonmama24]

That's what I've done. It only says "company response overdue". I have tried to email them, and gotten a generic form letter response asking me to call them. I unfortunately cannot call because they are only available during business hours that both my husband and I work. Is there any recourse?