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Much of the info found in these DV letters are factually and legally incorrect. However if it works, then bully for us!
Justn wrote:
Is this part of the letter true?
"Reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter."
I tried reading the FCRA and couldn't find anything about this.
Really?! I sent this same letter. I hope this doesn't backfire on me.
@llecs wrote:Much of the info found in these DV letters are factually and legally incorrect. However if it works, then bully for us!
Unless you are aiming to sue, then I wouldn't worry about it. The FDCPA is very clear, all the CA needs to provide is the OC name and contact info, balance due, and a copy of the judgment if you were already sued and the CA has an unlimited time to provide that info. All the other stuff is just filler. Now some states can require more info. I'm in VA, for example, and no other info is required. Same goes for California and Florida to name a couple. Hoever, TX requires a 30 day time requirement for CAs to validate. Mass. requires CA to actually provide an accounting of every single fee, charge, cost, etc. YMMV.
@Anonymous wrote:Really?! I sent this same letter. I hope this doesn't backfire on me.
@llecs wrote:Much of the info found in these DV letters are factually and legally incorrect. However if it works, then bully for us!
You only send DVs to CAs, not CRAs.
terryberry6 wrote:
This may have been asked and answered already but I can't find it... If you have more than one DV to send out can they all be mailed in the same envelope to each CRA? I'm so happy to be finally doing something about my credit. I love this board, you guys rock!
Don't assume they are related. Send separate DVs to each one. And if for a loss on who the OC is, then use the info from their correspondence, your records, and older CRs to match up anything that could be related like acct numbers, balances, dates, etc. If a CA is reporting that another CA is the OC, then they never validated per the FDCPA. They have to report the OC or cease any collection activities.
grannysjunk03 wrote:
OK, so my question remains -- Resurgent is not the CA that I requested the DV from, Allied is on behalf of LVNV -- but Resurgent and LVNV are one in the same based on what I have read. None of these are the OC. And which is the OC, JC Penney or GE?