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Is this a valid DV?

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Anonymous
Not applicable

Is this a valid DV?

I received the following letter from Portfolio Recovery Associates after sending a DV.
 
Re: Request for Additional Information XXXXXXXXX
 
We are in receipt of your recent request for additional information pertaining to the account referenced above.
 
Original Creditors Name: Midland Credit Management
Original Creditors Address: 8900 Freeport Pkwy Irving, TX
Account
 
Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: Is this a valid DV?

I got the same letter from them yesterday, only thing they had was old account number and an inflated amount that I owe on top of this account is from 2000. Another page is a bunch of legal mumbo jumbo about the states they can legally do business in and I still didn't see Ga listed. I think they mighthave reaged my account because from my credit report it suppose to drop off in 03/08. any help???
Message 2 of 7
Anonymous
Not applicable

Re: Is this a valid DV?

Depends on what type of DV you sent...did you send the simple one..or the full media validation letter...if you sent the simple one...that's what you requested...
Message 3 of 7
Anonymous
Not applicable

Re: Is this a valid DV?

I sent the full version, it was 2 pages, and I got back a page with my name account number where they bought the debt from and my address which they had wrong , until now, and a notorized letter stateing some legal bs of theirs. Oh and they gave me a phone number to contact to "work out payment". ugh
Message 4 of 7
llecs
Moderator Emeritus

Re: Is this a valid DV?

They also had to report the balance owed. If not, there's a violation of the FDCPA. If they omitted it, IMO, complain to the FTC, BBB, state agencies, etc.
Message 5 of 7
Anonymous
Not applicable

Re: Is this a valid DV?

This is not proper validation!  send the 2nd DV letter  CMRRR  all the really need to tell you is..name of the creditor (in this case it is a CA) address and the amount.
 
But if they sue you they will need to have almost all the answeres on the DV.
 
Dear Sir/Madam:
I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.
You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07.  Each of these updates constitutes a violation of FDCPA.
While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.
I look forward to an uneventful resolution of this matter.
I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:
  • Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
  • Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
  • Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
  • Intimate knowledge of the creation of the debt by you, the collection agency.
As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.
Thank You,
TYPE NAME
 
 
Message 6 of 7
Anonymous
Not applicable

Re: Is this a valid DV?

Keep a copy of the CR showing the drop date!!!!!  It should already be off your CR
 
Dispute it with the CRAs as * obsolete*
 
You can also mail CMRRR a letter telling them that if they do not delete within 5 days that you will have your lawyer file a lawsuit. And DO IT!
 
Also always file a complaint with the FTC  www.ftc.gov
 
 


Message Edited by HappyDays on 05-14-2008 01:43 PM

Message Edited by HappyDays on 05-14-2008 01:45 PM
Message 7 of 7
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