Response to DV letter
Date: Mon, 09/14/2009 - 11:53
Letter states account has been sent to the Dispute Dept.
As of today (9-9-09) they have not received information from me that supports my position. I have 30 days to respond or they will remove my dispute and continue collection.
What should be done now? I have never seen this type of response.
Thank you.
re-send the letter stating you will look into your legal options
re-send the letter stating you will look into your legal options.they are basically stating it's up to you prove you don't owe the debt.also make it known that any communication of any kind without validating will be saved for a possible action.it is up to them to prove you owe the debt.that is a bottomfeeder for you.
No doubt! How do you go about proving something *isn't* yours? I
No doubt! How do you go about proving something *isn't* yours? I would fire off a stern (but polite) reply, first addressing the insulting response they offered, and then as Paul says above. How dare they!
this little trick is showing up far more frequently it seems....
this little trick is showing up far more frequently it seems.....the CA sends you a letter saying that they received your dispute and they want YOU to send THEM documentation to support your dispute. Portfolio Recovery just did this to me and talked themselves right into a lawsuit because of it. They actually had the nerve to write that since I didnt provide them with any documentation, they cannot investigate any further, and so they have returned the alleged debt to the collection floor--and will no longer consider it a disputed debt.
Keep this in mind--as soon as they get your DV letter, and as long as that DV letter arrived within the 30 days of initial contact, they have only one choice--they can stop contacting you altogether or they can stop trying to collect until they validate. That is section 809 of the FDCPA right there, and it is plain as day. Now, when I reminded Portfolio of this, their response was "hey, we tried to follow the law, it isnt our fault that you wouldnt cooperate and just send us the documentation we asked for!" They told me specifically that since I didnt send THEIR letterhead back with documentation and answers to THEIR personal questions, that the law ALLOWS them to blow off validation. Dont let this crap go unchallenged.....it is illegal.
Quote:and talked themselves right into a lawsuit because of itEx
Quote:
and talked themselves right into a lawsuit because of it |
well, the amount I owe is zero......the debt is not even mine.
well, the amount I owe is zero......the debt is not even mine. No way it could be, as I didnt ever live at the address that the service was for, and I didnt even live in that state when the service was supposedly initiated. On top of that, I informed them to stop all contact because the so-called debt has passed the SOL too....and yet they still call and send letters. I have one of their hot-shot "supervisors" on tape yelling at me about how a real man would have handled his responsibilities instead of trying to weasel out on some technicality--I had no idea that it was merely a technicality when there is no way possible for the debt to be legitimately mine?!? That reminds me of what Midland told me once, they called my house looking for someone that doesnt live here. When I demanded to speak with a supervisor, this wing nut gets on the phone and starts yelling at me about how it doesnt matter if the name they have is wrong or not.....then he said it didnt even matter if the SSN was wrong or not.....he said he was going to get money from me if he had to come to my house and take it out of my wallet with his own two hands....
Wow. He definitely *should* pay you $1,000. And that sounds li
Wow. He definitely *should* pay you $1,000.
And that sounds like complete fraud to me. I would've gone after them with both barrels.
I had a guy call once saying he was a collector and asking to verify my info. He starts with "what's your address?" I tell him "you tell me what you have and I'll let you know if it's correct." He responds "it doesn't work that way" and then asks me the question again. I say "if you think I'm going to give you personal info over the phone then you need to call someone else", I banged the phone around a bit (it was a cordless so I couldn't hang up in his face) and then hung up.
But I am quite intolerant of salesman. I never heard from him again.