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#1
 
Old 05-04-2009, 10:32 PM
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Default Credit Collection Services response to my DV letter

Here is what I wrote them:

To whom it may concern,
I am writing to inform you that I dispute the validity of this alleged account.

I am NOT requesting the validation, verification or proof of my mailing address. I request Credit Collection Services (CCS) to provide competent evidence that there is some contractual obligation which is binding on me to pay this debt, specifically.:

1. Copy of the original signed loan agreement or application.
2. What the money you say I owe is for
3. Explain and show me how you calculated what you say I owe
4. Provide me with copies of any papers that show I agreed to pay what you say I owe
5. Provide a verification or copy of any judgment if applicable
6. Proof that the collection company owns the debt/or has been assigned the debt.
7. Complete payment history, starting with the alleged original creditor. I need to have proof of my payment history with the original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.
8. Name of the alleged original creditor.

Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter in error, and that this matter is permanently closed and that this alleged debt will not be sold or transferred to any other parties.
-----END-----

Credit Collection Service's Response:

We are in receipt of your recent correspondence concerning the account listed above. Under The Fair Credit Reporting Act (FCRA), Section 623(a) (15 USC 1681s-2), we are unable to investigate your dispute by reason of your failure to provide sufficient information to investigate the disputed
information.

In order for us to take further action, we must have from you the information required under 623(a)(8)(D). Specifically, identify the specific information that is being disputed, explain the basis for the dispute and include all supporting documentation to substantiate the basis of the dispute. Pending
receipt of this information, we have advised the credit bureaus to whom we report that this account is disputed.

Due to regulations, this statement must be included: This is an attempt to collect a debt and any information obtained will be used for that purpose.

Sincerely,
Credit Collection Services
-----END-----

What's my next move? I asked them for specific information and they seem to be sidestepping my request?

TL INFO:
Balance: $513
Date Updated: 06/2007
Original Balance: $513
Past Due: $513
Pay Status: >Collection Account<
Date placed for collection: [08/2005]
Estimated date that this item will be removed: 06/2012

Thanks again for reading this!
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#2
 
Old 05-05-2009, 12:08 PM
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Did you include an account number and your full name in your DV letter?

p.s......a collection acct cannot be reported as "past due" unless you have made payments/payment arrangements with them. So if you have not, that is a violation.
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#3
 
Old 05-05-2009, 01:11 PM
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Yes, I included my account#.

(My mailing address was at the top of the letter and my first and last name was at the bottom after "Sincerely" - Don't know if that counts)

Great info with the Past Due tidbit!

Well I need this OFF my credit so should I file a lawsuit, send another letter or dispute with the CRA?
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#4
 
Old 05-05-2009, 02:09 PM
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I would send them a DV2 letting them know the clock is still ticking.
There is a sample of a DV2 in the validation letters thread but you definitely should modify it for your situation.

One thing I have noticed is that when a CA gets a typical form DV letter (which yours is one of the most common circulating the internet), they will assume you are an ignorant consumer and have no clue of the laws.
Go ahead and let them think that. They are more likely to violate more.

And yes.......I would go ahead dispute with the CRAs too. You sent them a DV letter and they have failed to validate it. If they verify it with the CRAs then that's another violation. If they try to contact you in any way (phone, mail) to continue collection......they are in violation. Keep a good paper trail. If you need to file a lawsuit or talk to an atty you will need as much proof as possible.

Good luck and keep us posted!
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#5
 
Old 06-24-2010, 02:21 AM
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Quote:
Originally Posted by Trish View Post
p.s......a collection acct cannot be reported as "past due" unless you have made payments/payment arrangements with them. So if you have not, that is a violation.
I made payment arrangements with a CA two days ago then read this. I see that if they are reporting "past due" it's a violation? They were reporting it past due before I ever made arrangements with them... Is it too late to get them now?
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#6
 
Old 06-24-2010, 11:58 AM
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Quote:
Originally Posted by whootle View Post
I made payment arrangements with a CA two days ago then read this. I see that if they are reporting "past due" it's a violation? They were reporting it past due before I ever made arrangements with them... Is it too late to get them now?
It's not too late unless you signed something or made payment.
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