DV Reply

I posted this in the debt forum before I realized there was a specific one for credit. Please delete the previous.

I received a reply from a DV I sent Nationwide Recovery Systems today. Their reply stated the following:

We are unable to locate the debtor/account by the information you provided. Please call our office at (xxx) or fax additional information to (xxx). Thank you.


Frogpatch stated this was a failure to validate, so where do I go from here? Do I submit a dispute with the CRAs or send another letter for deletion? By the way, I am a Texas resident, the creditor is also in Texas.

This is the first of a couple DVs I've sent out, so I'm completey new to this. ANY help is greatly appreciated it.

Was this a DV you sent after finding them on your credit reports or in response to a dunning letter?

After a collection agency fails to validate a debt then you have the right to dispute the debt with the CRAs and ask them to delete the same from your credit report. CRAs generally take a month's time to delete a wrong entry in case of purchased report and 45 days time for free reports.

Inaccurate information deletion request sample letter is given below: -

You may get many such related letters HERE.

I believe in Texas, they have 30 days to validate. I would use that point to dispute your claims.

Send a letter to the CA stating that 30 days has passed and they have failed to DV. Then send a dispute to the CRA with copies of your letter to CA and request the CRA to remove the derogatory mark.

I sent the DV after noticing it on my credit report. According to the Texas Finance Code:

(c) If the third-party debt collector admits that the item
is inaccurate under Subsection (b), the third-party debt collector
shall:
(1) not later than the fifth business day after the
date of the admission, correct the item in the relevant file;

Assuming that their response was an admission (It is to me), they have 5 days to correct my file, however it states nothing that they have to remove it from my credit.

Although they haven't had 30 days to validate, am I correct in saying that it doesn't matter? They have already responded, stating that they could not validate. I can proceed with a dispute to the CRA with copies to the CA at this time, correct?

Also, they wrote UTL/UTL at the top right of their response. Does anyone know the meaning of this?

UTL seems to mean Unable to Locate.

Did you use Texas laws in your DV letter? In particular the written notice and the fact that they have exactly 30 days to validate or delete? You have some teeth to fight this.

Like the others said, dispute with the CRAs. If they verify, then you have them good. What info did you provide them anyhow? I assume you included your name and address, did you include the account number of this account?

Many people suggest to never call a CA..myself I call, but I am confident in my calls and don't fall for the pressure they try to put..if you are in any way nervous, don't call....but if you do you can get detailed info like the last date of activity, full account number, address they have on file for you, etc.

I did not include the Texas laws with the initial letter. I didn't know about them to be honest. I will send it with the followup though. Regardless, the law still exists, so I'm still good to go there, right?

I gave them all the information listed in my credit report. It had the account number with a few Xs in it along with my name and address. The way I see it, and correct me if im wrong, I shouldn't have to provide any more information than what I see on the report.

Well, you shouldn't have to, but they can claim they simply did not have enough information to comply with your request. If it goes all the way to court they could use that fact. Honestly, if you intend to fight this what is the harm of the CA knowing your current info? If they violate you in any way that gives you all the more ammunition to take with you to court....like giving them the rope to hang themselves with.

As for the initial letter its a yes and no....since you sent the letter they have 30 days to validate period (but as I mentioned, if you take it to a judge they can respond that they tried, but didn't have enough information to proceed). However you need the Written Notice and then you need to give them 60 days (this is so when you do sue them, you can claim treble damages.)

I've attempted calling, however they will not respond to anything other than asking for a check over the phone. I've asked for additional information, but they just run through their scare tactics, and we just go in circles.

The only other way to identify myself is by social security number, which I don't feel too safe revealing to a company that I'm in this type of situation with. As far as any other information, I have no way of knowing. No letter from them or any additional information provided by them. It's like trying to get information on something that does not exist.

I've attempted calling, however they will not respond to anything other than asking for a check over the phone. I've asked for additional information, but they just run through their scare tactics, and we just go in circles.

The only other way to identify myself is by social security number, which I don't feel too safe revealing to a company that I'm in this type of situation with. As far as any other information, I have no way of knowing. No letter from them or any additional information provided by them. It's like trying to get information on something that does not exist.

Hmm..you can use the last 4 digits of your SSN, if they can't find it by your name, partial account info and last 4 then obviously there is some mistake! So when you talk to them, they just keep asking for payment? When they do this ask them for the complete account number...they should give it to you. Then simply hang up and send them a new letter with the account number, the last 4 of your social and include the written notice. When you get the green card back (or email if you do it electronically) then goto the CRA and dispute. If they verify and don't remove it wait 30 days, send them an ITS letter that they have 30 days to comply..then on day 61 go down to your local justic of the peace and file suit against them.