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Hi Credit Experts,
After checking my credit report closer, I see that the same debt is on the report 2 times:
1. The original creditor
2. The CA
To whom do I send the DV letter to? #1, #2, or both?
Thank you for your answers!! :)
VD letter
Hi Sunflower,
If the debt is appearing on the report in relation to the CA, that means the debt has been handed over to the CA. The OC has no more claims over it. Therefore your credit report should reflect the debt as owed by the CA only, and you need to send the debt validation to the CA. However before you do this, you can contact your original creditor and ask about the details. If they say that the debt has been handed over to the CA, you need to deal with the CA, and dispute the listing; in relation to OC; with the credit bureaus.
However if the Creditor denies handing over the debt to CA, you can send a cease and desist letter to the CA, and dispute the item; in relation to CA; with the credit bureaus. In that case you can send debt validation to the OC.
The sample letters for debt validation, cease and desist letter and dispute letter are available in
http://www.creditmagic.org/repair/sampleletter-debtvalidation.html
http://www.creditmagic.org/repair/cease-desist-letter.html
http://www.creditmagic.org/repair/dispute-letter.html
You send the letter to the Collection Agency.
one of the questions that you ask is whether the CA owns the debt or was assigned the debt. So it is possible that the OC still owns the debt.
DO NOT SEND A CEASE AND DESIST LETTER TO THE CA UNLESS YOU ARE CONFIDENT ABOUT ABOUT WINNING WHEN THEY SUE YOU!!!! Look, you have a legal right to notify a CA that collection activity must cease, but doesn't mean they have to give up on the debt. It means the only way they can collect is suing. There are consequences to sending a C&D, and I would prefer that newbies not do this unless they are very confident they understand the ramifications.
Justin, stop telling people this! Seriously, call them and find out if the debt is sold? How many times have you called a company and spoke to some call center employee that gives out inaccurate information? Ask in writing and believe an answer that you get in writing.
If you want a CA to stop calling you, then tell them that it is inconvienient to speak on the phone because your privacy would be violated. The federal appeals court has upheld such requests so if it doesn't work you can sue them.
Justin, I have sent you private messages about this and you ignored them. I am willing to back up my claims with references. Dangerous advice will hurt credit magic's rep.
reply
Hi cinnamngrl,
I guess the query posted by Sunflower wasn’t clear to me, and I understand what you’ve stated here.
Thanks for correcting me:)