Got a response from CA on a DV

Submitted by fantoos1999 on Mon, 09/19/2011 - 03:08
Forums
Credit repair

You guys helped in the past, need your help again.

This is about a 12 years old debt. State of CA SOL has expired, since 1999 I never made a payment and no communication with OC. All of sudden got a letter from CA 'Asset Acceptance,, LLC' demanding $843 on behalf of OC MBNA America.

I sent them a DV letter and in response I got this on Assest Acceptance, LLC letterhead:

PRIOR/ORIGINAL CREDITOR:
MBNA AMERICA

ORIGINAL ACCOUNT NUMBER:
431xxxxxxxxx

BALANCE: $834

PERSONAL INFORMATION

Name: (My name)
Address: ( My adress)

Last 4 of SS: 3xxx

For Personal Assistance contact:
Christi W Phone # 877-xxx-xxxx

Please advise what do I need to do next. Also I checked all 3 credit reports, NO negative TL yet.

Thanks in advance

sallynachelle

Welcome to the forums!!!
I don’t think it’s a proper debt validation letter. You can again send the CA a debt validation letter in writing via certified mail with a return receipt request. Until they are sending you a valid proof, don’t make any payments. As the SOL period has expired, so the CA won’t be able to take any legal action against you. I hope the following link may help you to write a debt validation letter:
http://www.creditmagic.org/repair/sampleletter-debtvalidation.html

Mon, 09/19/2011 - 05:34 Permalink
fantoos1999

Thanks for the quick reply.

Here is the thing I forgot to mention in my previous post. First two notices from CA were mailed to my current address but the DV response came to my previous 3 years old address (person living at this address delivered it to me). All in regular mail.

So far nothing negative has been reported to Credit Bureaus:

1) Can I act like I didn't receive any DV response from them?

2) Can I just just send a C&D (cease and desist letter) to the CA and be done with it. I know for sure SOL has expired and they don't have enough documentation to prevail in court.

Please advise.

Mon, 09/19/2011 - 19:51 Permalink
sallynachelle

At first you can make a written request to them for a debt validation letter via certified mail with a return receipt request. If they don’t give any reply, then forward them a Cease and Desist (C&D) letter. After that if they are still trying to contact with you then file a complaint against them to the State Attorney General or FTC.

Tue, 09/20/2011 - 05:14 Permalink