When do you DV and when do you just PFD?

[reereetx]

Starting to rebuild and just do PFD's....but doing tons and tons of reading on this site has left me wondering if I should DV the first collection account that I'm tackling.  On my CR's....I have 2 collections on EQ and 4 on EX and TU.  I am wanting to tackle the smallest collection which is only showing on TU and EX.  It's an $85 collection balance (original was $72) through EOS CCA.  The original lender is AT&T.  I'm not 100% sure what this is for and have not had anything with AT&T in several years.  The latest date is showing as 8-13-12 which makes me think that was when this particular company got the debt.  I was thinking I'd just do a PFD letter for the full $85 and be done with it....but now I'm wondering if I should attempt to do a DV.  I've read good and bad on doing that.  Any advice?

[RobertEG]

Do you either contest the legitimacy of the debt or dont know the name of the creditor where the debt supposedly originated?

If so, then you may not want to consider payment of an alleged debt until you have first determined that it is legitimately yours.

What a DV request provides is imposing a bar on a debt collector from conducting further collection on the debt until they have first provided the requested verification.

However, that bar is only imposed if the DV is sent within 30 days of receipt of any dunning notice sent by the debt collector.

What a DV does not provide is any period for a required response, or even any requirment for any response.  The debt collector can choose to simply cease further collection activites, and never respond.

A timely DV imposes a cease collection bar, which thereafter precludes the debt collector from any collection activites until they have first proivded debt validation, which includes any negotiations on either a settlement for less or a PFD offer.  Thus, the consumer is in a state of limbo until the debt collector chooses to provide the requested debt validation.  You should not send a DV, and then contact the debt collector regarding settlement of the debt until the debt collector has first verified the debt.  They are contradictory.

The problem with simply sending a PFD offer without a DV is that the debt collector is under not requirement to respond to your negotiation offer, and the 30-day clock is ticking against you for sending a timely DV.  Any DV may then become untimely......

[reereetx]

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@RobertEG wrote:

Do you either contest the legitimacy of the debt or dont know the name of the creditor where the debt supposedly originated?

If so, then you may not want to consider payment of an alleged debt until you have first determined that it is legitimately yours.

What a DV request provides is imposing a bar on a debt collector from conducting further collection on the debt until they have first provided the requested verification.

However, that bar is only imposed if the DV is sent within 30 days of receipt of any dunning notice sent by the debt collector.

What a DV does not provide is any period for a required response, or even any requirment for any response.  The debt collector can choose to simply cease further collection activites, and never respond.

A timely DV imposes a cease collection bar, which thereafter precludes the debt collector from any collection activites until they have first proivded debt validation, which includes any negotiations on either a settlement for less or a PFD offer.  Thus, the consumer is in a state of limbo until the debt collector chooses to provide the requested debt validation.  You should not send a DV, and then contact the debt collector regarding settlement of the debt until the debt collector has first verified the debt.  They are contradictory.

The problem with simply sending a PFD offer without a DV is that the debt collector is under not requirement to respond to your negotiation offer, and the 30-day clock is ticking against you for sending a timely DV.  Any DV may then become untimely......

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Just for what it's worth....I have not been receiving any collection calls/letters on this.  I just saw that it was on two of my CR's.  What might happen if I send the DV and they do nothing?  I just want this removed from my CR's.....especially since it's under $100!  It shows that it will stay on until 2017. 

[RobertEG]

If they never sent dunning notice, then there is no issue fo timeliness of any DV that you choose to send.

Any DV sent either without prior dunning notice or within 30 days of dunning notice is timely.

That imposes a cease collection bar, and not a requirement that they validate.

Lack of dunning notice is a separate issue that you could choose to pursue.

FDCPA 809(a) requires a debt collector to send a formal collection (dunning) notice within 5 days after an initial communication with the consumer.

Reporting to a CRA is not specifically stated within seciton 809(a) as triggering requirment for dunning notice, but there is case law affirming such an interpretation.

You could assert violation of their dunnng notice requirement, either by a formal complaint to the CFPB or by initiating your own civial action, and get a resolution of that violation.  However, since a debt collector can report to a CRA without having sent prior dunning notice, resolution of that violation would not be basis for deletion of their reported collection, which is presumably your goal.  It is in effect a side-show that you can choose to enter.

You may need to seek some good-will on their part in the future.  Complaint of an FDCPA violation may not further their feeling of good-will.