do i always have to send DV before PFD even if i know its valid collection

[Anonymous]

im thinking of sending 2 pfd because i know they are mine

can i just skip mailing a dv

also

 do i sen the check/money order with pfd?

thanks 4 ur help

[Anonymous]

It is my understanding that DVs are to be sent to CAs by CMRRR to prove that they actually have the right to collect money for the account they are trying to collect for.  With that said, even if you know the debt is valid, it does not mean that the CA has the right to collect on behalf of the OC.  If the CA can not provide DV information with in the time alloted then you may still be able to talk with the OC and work out some agreement for payment and have the non-valid CA TL on your CRs removed.

As far as whether or not you send a check/money order with a PFD, the answer is NO.  Your first PFD letter is basically to offer the CA/OC a payment in exchange for a delete of the TL.  Once they agree and have sent you something in writing stating that they will in fact accept your payment and agree to delete the TL once payment is received, then you send them the payment.  This is all so you have some recourse in case they do not hold up their end of the agreement.

I hope that helps

[llecs]

Ditto. Don't send a PFD until you DV first. There's some scenarios that can come into play if you don't DV first.

Some CAs try to collect on a debt they legally aren't allowed to collect on. A DV challenges them up front and opens a line of communication between you and them. Don't send the DV with the long list of stuff they have to come up with, but send the simple DV found in here somewhere that basically says "Please send me validation per section 809 of the FDCPA" or something like that. It is a 1 paragraph letter. Its non-threatening. If they respond and you agree, then offer a PFD. If they reply with a letter agreeing to the terms, then pay it and they'll delete.

Some CAs aren't allowed to collect because they already sold the debt. If you send them a PFD, and they agree, and you pay it, then imagine your surprise if a new CA reports in their place. Happened to my DW on a settlement. A DV would have set that straight upfront.

Some CAs don't even respond to PFDs. They will continue to report over and over. This results in closed contact with them and it becomes a challenge to get them to go away. Some even ramp up the collection calls, reporting, lawsuits, etc.

Some CAs when you send a DV will respond with verification and will include a settlement offer. In a case like that you now have a route by which to save money by a settlement by incorporating that into a PFD.

Some CAs actually disappear when you send a DV. More than likely they weren't allowed to collect in the first place.

[Anonymous]

Totally off subject but . . . YEAH! All my time spent on here researching and reading every thread possible to repair my credit allowed me to give useful advice to someone else.  Guess this forum is helpful in more ways than one.

Message Edited by FICOmeThis on 07-30-2009 02:25 PM

[llecs]

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FICOmeThis wrote:
Totally off subject but . . . YEAH! All my time spent on here researching and reading every thread possible to repair my credit allowed me to give useful advice to someone else.  Guess this forum is helpful in more ways than one.

Message Edited by FICOmeThis on 07-30-2009 02:25 PM

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Feels good, doesn't it? Just wait until folks start posting back saying this was deleted or that was repaired because of advice you gave. Paying it forward. Without everyone on here, I'd be in credit hell.

[Anonymous]

Wow!  You guys know your stuff! thanks for explaining that so clearly. NOW i understand how this works.

I know these things cant be rushed but i figured skipping this dv would save time but now I see it can save $$ & headache in long run. Is there any way to do a phone dv...make them verify the debt by calling them & keeping log?

Also I received two settlement letters few months back from lincoln towing & firestone. The letter basically says they would agree to 1/2  to settle my account but nothing about the pfd. Should I send a pfd in response.

Also anyone have an example of simple dv  letter please.

Thanks so much- you guys are great!! And i was thinking I should hire an agency to help with this. I even better personal advisers right here

tytytyty!!

Message Edited by pasdetrois on 07-30-2009 05:15 PM

[Anonymous]

One more thing. Can I send a check/money order with a conditional deposit/cod or something like that

I have few small collections under $100 I like to do this

thanks

[RadioRob]

You need to research this a bit further as it depends on the laws of your state, etc.  Conditional endorsements are not always enforceable, etc.  So they may happily cash your check, but not perform the desired action you want (deleting the TL).  

[Anonymous]

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@llecs wrote:Feels good, doesn't it? Just wait until folks start posting back saying this was deleted or that was repaired because of advice you gave. Paying it forward. Without everyone on here, I'd be in credit hell.

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Yes it does!

[RobertEG]

My two cents.

You never have to send a DV letter. 

A DV letter is not required, or even advised, in all situations.

All a DV letter legally does is to shut off all active collection activity until, and if, the CA chooses to respond.  It sets no legal period to for them to respond.

Meanwhile, the CA can ignore it, and even bring legal action for recovery of the debt.

If you truly dspute the debt, I would recommend a dispute under FCRA 611(a) in addition to a semi-meangless DV letter, for that compels verification with 30 days.

Just my opinion.