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To DV or not to DV that is the question

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llecs
Moderator Emeritus

Re: To DV or not to DV that is the question



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.

Much of the info found in these DV letters are factually and legally incorrect. However if it works, then bully for us!
Message 11 of 18
Anonymous
Not applicable

Re: To DV or not to DV that is the question


@llecs wrote:
Much of the info found in these DV letters are factually and legally incorrect. However if it works, then bully for us!

Really?!Smiley Surprised I sent this same letter. I hope this doesn't backfire on me.
Message 12 of 18
llecs
Moderator Emeritus

Re: To DV or not to DV that is the question



@Anonymous wrote:

@llecs wrote:
Much of the info found in these DV letters are factually and legally incorrect. However if it works, then bully for us!

Really?!Smiley Surprised I sent this same letter. I hope this doesn't backfire on me.

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.
Message 13 of 18
Schoolbuskid
Valued Contributor

Re: To DV or not to DV that is the question

But they should include all of that info on something from the OC's actual letterhead.
Rebuilding and Reducing Debt, is my game plan.
Message 14 of 18
Anonymous
Not applicable

Re: To DV or not to DV that is the question

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?
Message 15 of 18
Anonymous
Not applicable

Re: To DV or not to DV that is the question

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!
Message 16 of 18
llecs
Moderator Emeritus

Re: To DV or not to DV that is the question



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!

You only send DVs to CAs, not CRAs.
Message 17 of 18
llecs
Moderator Emeritus

Re: To DV or not to DV that is the question



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?

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.
Message 18 of 18
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