DV letter sent CA sent me 2nd Notice Letter. What to do?

Hi trapeak,

One of my CA hasn't reply back to me after receiving my DV letter. It had been about 40 days since ISent out the letter which was Certified / return receipt.

Wait for at least 20 days. Its been a month and 10 days only since you send the first debt validation letter. If the collection agency (CA) still don't reply, send a follow up debt validation letter to the CA. Still if they fail to validate the debt you can dispute the item with the credit bureaus.

the other CA has sent me a second notice for demand payment. I also have sent DV letter and received return receipt short after. And about a week later, I received this second notice. What should I do at this time? SHould I send them another DV letter?

First make sure if the CA mailed the second collection notice after receiving your letter. Compare the dates of your return receipt and the date on which the CA mailed the letter. If the CA mailed the second collection notice after receiving your debt validation letter you can file complaints with the Federal Trade Commission, and State's Attorney General. This is a violation of Fair Debt Collections Practices Act (FDCPA).

Hope this helps.

Regards,

Aaron

First issue, I'll wait for few more days and will sed them follow p letter to CA. If they fail to validate or just ignore my request, is that mean CA can no longer demand payment for the debt? The reason why I dispute this debt was due to much higher account balance compare to my records.

Second, I've double checked the dates and yes indeed the second collection notice (8/16/10) is after the retrun receipt (8/3/10). Should I send them follow up letter with a copy of first letter and it's return receipt? Or, if I were to file complaints with Federal Trade Commision, how do I go about doing this? Is there any sample letter format and how this will work out and so on?

I'm really new at this and slowly finding out the process of "do it yourself", which can be hard but interesting. It's amazing that how much help I get from just reading posts and talking to some forum members. This is such great forum and so much information to read and learn.

Again, thank you vey much for your help!!!

Sin

Hi saalanghae,

If they fail to validate or just ignore my request, is that mean CA can no longer demand payment for the debt?

No, if a collection agency cannot validate the debt they are not supposed to collect the debt from you. However, you on your part should dispute the item with the credit bureaus.

Second, I've double checked the dates and yes indeed the second collection notice (8/16/10) is after the retrun receipt (8/3/10). Should I send them follow up letter with a copy of first letter and it's return receipt?

No, simply file complaints with the Federal Trade Commission and State's Attorney General, and dispute the item with the bureaus.

To file complaint with the FTC refer https://www.ftccomplaintassistant.gov/ , and you will get the sample dispute letter with this community at http://www.creditmagic.org/repair/dispute-letter.html .

And thanks for the compliment :)

Thanks,

Aaron

Thank you very much for your insight and reply.

No, simply file complaints with the Federal Trade Commission and State's Attorney General, and dispute the item with the bureaus.

They are also calling me everyday regarding the account too. The reason why I didn't want to make a deal with this CA is that the balance is way too high. I think they are like 3-4th CA after the original creditcard company, CHASE, contacted me (I think it has been little more than a year). So you recommend that to file complaint instead of follow-up DV letter? And if I were to file complaint, should I send notification to CA that the complaint has been file and stop cllection activity until DV is confirmed?

Thank you in advance

Sin

Hi,

You are welcome :)

The CA have already violated FDCPA, and so you need give them another chance. That's what I think.

And if I were to file complaint, should I send notification to CA that the complaint has been file and stop cllection activity until DV is confirmed?

I don't think you need to do that. Others may think differently though.

Thanks,

Aaron

it is illegal to keep trying to collect on a debt when they have not responded to the DV. But I have never gotten much help from the FTC.

do you have all your credit reports?
what state are you in?
what is the original creditor and the name of the CA?
what is the date of first delinquency? 30 days after last payment

If I knew more about the debt, I could be more specific about the type of complaints to file

do you have all your credit reports?

Not yet. I haven't requested Credit report Yet but I do know I have 2 Creditcard that are in delinquent over a year.

what state are you in?

I'm in California

what is the original creditor and the name of the CA?

Original: HBSC CA: Portfolio Recovery Associates, LLC.

Original: Chase CA:Account Resolution Associates

what is the date of first delinquency? 30 days after last payment

HBSC: June 2009 Chase: June 2009

Thank you for all your help and comments

Hi saalanghae,

I think you should get hold of your credit report first.

Thanks,

Aaron

Go to https://www.annualcreditreport.com/cra/index.jsp and get hard copies of all your reports. it is important to get hard copies of all your reports so you have an accurate picture. You have the right to get at least one free copy of all three reports each year.

you may be able to file a complaint with the OCC about ignoring your letters. The OCC regulates national banks. Although you send the DV letter to the CA. the Ca contacts the original bank and gets the records

Got all the credit reports. I currently have 2 "Charged Off" Credit Cards in collection.

My most recent Credit Report states that 2 of my credit cards are in collection but are charged off from original creditor and sold to collection. Last activity on both of the cards is June 2009. Also, I already have sent DV letters to 2 collectors and it's been about 60 days and no REPLIES. Now I'm getting ready to send them dispute letter to Collector and Credit Report Company.

Am I on right track to fix the credit and to despute my charge off with credit card company? Both of them have not contacted me yet and no calls from them at all. Collection Agencies are not calling or contacting me at all as well. What should I do at this point? Should I send them 2nd letter?

Any recoomendations are welcome.

I think that you should file a MOV letter with the CRAs regarding the CAs that don't respond. this is in my essays for ehow.

MOV= why are you reporting this if the CA won't respond to my letters?

file a complaint against BofA with OCC

Send the letter from 8 months ago and point out that they are liable for civil damages. Have you filed the complaint with the OCC?