If a CA is already reporting when you send the DV letter....they can continue to report for 30 days.......if they do not answer the DV within the 30 days they must stop all collections until they do answer the DV.
It might be your word against theirs when the first dunning letter went out.
If they do not answer the DV letter....file a dispute with a copy of the DV letter copy of the cert.paper and green card along with this letter
CMRRR to the CRAs or fax
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.
On XX XX 08, I sent a second letter. Again, I have received no response. 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
