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SassyinAz

Index and starting point

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This is an index that is useful for the basic letters and the descriptions/ thought processes and strategies and when to use them with an overall understanding of successful methodologies, oft-referred to letters and processes.

It would be a great resource if we can keep it updated with new stuffs and of course, the stuffs I missed :shock:

Sassy


Please note this post is 13 years old as of today 11/25/2016. Some of the links may not work. Please take that into consideration as you read this post.



MUST READS (more than once, a continuous reference for finding and confirming answers and information):

FTC's FACTA amended FCRA, effective 12/2004 (no difference in text): http://www.ftc.gov/os/statutes/031224fcra.pdf

Previous FCRA version (effective 1998): http://www.ftc.gov/os/statutes/fcra.htm

FDCPA: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

FDCPA Staff Opinion letters: http://www.ftc.gov/policy/advisory-opinions







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IF YOU'VE BEEN SUED:

Send a validation letter (if you've been sued by a CA) AND answer the complaint (by the timeframe imposed on the summons), show up -- don't allow a default judgment. YES, litigation IS a collection activity, see the FTC Staff Opinion letter on the same and the Heintz v Jenkins case.


Find your local court rules here: http://www.searchlaw.com/courtrules/other.htm also out front in the consumer protection forum and tweak the following answer accordingly (mostly formatting, if anything, copy the format on the summons/complaint you were served with), file and serve it according to your local rules.


http://www.legalhelp.org/answering_complaint.htm

Affirmative Defenses: http://creditboards.com/forums/index.php?s...mative+defenses

http://www.legalhelp.org/affirmative_diffense.htm






***********************************

Gather all your reports and analyze what is reporting, how it should be reporting and the differences between the reports -- Get your reports directly from the bureaus for your disputes and consider privacy guard of a similar service for monitoring and tracking dispute results and progress.

Read all the threads in the newbie's forum, start with this one, Credit 101: http://www.creditboards.com/phpBB2/viewtop...opic.php?t=1925

Overall explanation of the disputing process, CRA focus (ty Michael): http://www.mix6.com/credit/

Overall explanation of the validation process, CA's (ty Kristy): http://www.creditinfocenter.com/rebuild/de...alidation.shtml

Overall explanation of the verification process, OCs (Furnishers) What to do next: http://creditboards.com/forums/index.php?s...asc&start=0

If you've not disputed before, dispute everything that is negative (get rid of the low-hanging fruit).

See what remains and prioritize them into similar categories.

Collection accounts -- validation letter

Charged-off accounts -- validation or verification letters, dispute with the CRA's once you know it's been received. Depending on response, if any, use it to confirm any reporting inaccuracies and follow-up with the furnisher and/or dispute the specific pieces of information w/i the TL that are inaccurate; request commencement of delinquency date and when it was furnished to the bureaus by the furnishers (required within 90 days of the collection/charge-off having been reported).

Consider Doc's nutcase series (see below) original authored for accurately reporting, paid in full, but negative information.

Why you should validate as a first step, thanks CramIt, Validation It's Your Savior: http://www.creditboards.com/forums/index.php?showtopic=56494

Validation can be as simple as this:
http://creditboards.com/forums/index.php?showtopic=12953

Or, as detailed as this, Original validation letter #1: http://consumers.creditnet.com/straighttal...85495#post85495

Or, anywhere in between, I personally think less is more, they by and large don't provide the basic information.

The purpose of validation is to address dunning the wrong person and/or the wrong dollar amount. If they can get that part right, and that's a big if, determine their ability to collect (why do you owe them and not the OC?)

Sample validation letters (first) from Breeze's briefcase: http://creditboards.com/forums/index.php?showtopic=18802

Do NOT send a validation letter that alleges ID theft where there is none, there are possible criminal consequences for doing so as provided in the 2003 FACTA amendments to the FCRA.

Follow-up letter (optional), usually called the estoppel or a response to an attempt at validation (cough cough), and/or requesting additional information (state law stuff is good) and/or addressing what was provided and why it isn't sufficient; and/or request authority to collect. You've not responded to my letter of xx/xx/xx, shorten the time frame to 15 days.

Sample Validation #2 letters: http://www.creditboards.com/forums/index.php?showtopic=8806

Additional validation #2 follow-up letters, thanks CramIt:
http://www.creditboards.com/phpBB2/viewtop...pic.php?t=60083

Send all letters certified mail return receipt requested (include the number on the letter itself); once you receive the green card back, re-dispute with the CRA's and await dispute results.

If verified or updated, request the specific procedures used to verify the information (Procedural request) from the CRA's.



OC's -- send OC verification letters, follow-up letter (optional), re-dispute with the CRA's after green card received, if verified or updated, request the specific procedures used to verify: http://creditboards.com/forums/index.php?s...asc&start=0

Mountainmommy's (Queen Mommy) bang-up procedural request letter with request for commencement of deliquency date:
http://creditboards.com/forums/index.php?s...p;p=entry

Verification and Validation -- 1-2 punch explanation:
http://creditboards.com/forums/index.php?s...ssy,and,concise

With MUST READ additional links: http://creditboards.com/forums/index.php?s...t=sassy+concise

Medical unpaid -- validation letter (see above) -- if they respond with an attempt at validation and it didn't come from the OC, ask for proof or confirmation of a business associate agreement -- no business associate agreement, under the Hipaa regulations, the information can't be shared.

http://creditboards.com/forums/index.php?s...and,tee,and,ocr

Medical paid -- WhyChat hipaa letter/series: http://community-2.webtv.net/Y-chat/WhyChatsCredit/

However, consider this:

Ruling of OCR on Hipaa series, continued sharing of PMI after payment is NOT a Hipaa violation -- Hipaa OCR complaint closed, nothing done:
http://creditboards.com/forums/index.php?s...light=sassy+ocr

Send a validation letter for medical collections, if and when it is validated, consider a modified Hipaa letter based on the above and/or pay for delete (sample in the sample letter's forum)

Medical collection: http://creditboards.com/forums/index.php?s...light=sassy+ocr

Check all dates for SOL for enforcement -- out front in the Databases forum.

Gather up all documentation and send to the CRA's with either LKH's letter for CA's and/or his spawned letter for OC's:

CA's = http://creditboards.com/forums/index.php?showtopic=20

OC/Furnishers = http://creditboards.com/forums/index.php?s...asc&start=0

Intent to file a complaint with the FTC, thanks Bree and CNet:
http://www.creditboards.com/phpBB2/viewtop...opic.php?t=6764

ITS (Intent to sue -- demand letter) Letter to creditors detailing violations and requesting deletion (demand/ITS), Christy's 48-hour fax and links to other successful demand/ITS: http://consumers.creditnet.com/straighttal...ght=48+hour+fax

Here are some sample ITS letters, but you'll need to reword them to fit your situation -- thanks LKH!!!!!!!

http://www.creditboards.com/phpBB2/viewtop...tent+sue+letter

http://www.creditboards.com/phpBB2/viewtop...tent+sue+letter

http://www.creditboards.com/phpBB2/viewtop...tent+sue+letter

http://www.creditboards.com/phpBB2/viewtop...tent+sue+letter

Letter to CRA's when you have documentation they verfied bogus information, radi8's 48 hours letter to TU:
http://www.creditboards.com/phpBB2/viewtop...asc&start=0

Dixie's CYA manipulation letter -- for finding out who dropped the ball, the CRA's or the furnishers:
http://www.creditboards.com/phpBB2/viewtop...asc&start=0

Doc's nutcase series -- for accurately reporting negative information:
http://creditboards.com/forums/index.php?s...ic=8492&hl=

http://consumers.creditnet.com/straighttal...?threadid=23079

Marci's goodwill letter -- for admitting your difficulties and requesting another chance:
http://consumers.creditnet.com/straighttal...p;postid=191392

For disputed TL's that are reporting differently between the bureaus:
http://www.creditboards.com/phpBB2/viewtop...opic.php?t=4128

http://www.creditboards.com/phpBB2/viewtop...asc&start=0

Dixie's How to deal with Experian's previously investigated:
http://www.creditboards.com/phpBB2/viewtop...opic.php?t=3316

Enigma's CA permissable purpose letters: http://www.creditboards.com/phpBB2/viewtop...ighlight=enigma

Christine's permissable purpose letter: http://creditboards.com/forums/index.php?showtopic=386

Mortgage reporting, foreclosures, erroneous lates = itemized accounting via HUD's RESPA provisions (with sample letter):
http://www.hud.gov/offices/hsg/sfh/res/respa_hm.cfm

Housebuyer's mortgage reporting letters: http://www.creditboards.com/phpBB2/viewtop...asc&start=0

Billing Errors: Open ended accounts -- pre-collection and charge off,
Fair Credit Billing Act -- FCBA FTC Summary (with sample letter): http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm

http://www.fdic.gov/regulations/laws/rules...tml#6500chap4cb

http://www.ftc.gov/os/statutes/fcb/fcb.pdf

CRA's and dates reported: http://consumers.creditnet.com/straighttal...mp;pagenumber=1

http://consumers.creditnet.com/straighttal...ssy+and+kbanger

When does the reporting period begin?
http://www.creditboards.com/phpBB2/viewtop...ht=sassy+amason

DanceRat letters -- Reporting is wrong, remove it: http://consumers.creditnet.com/straighttal...?threadid=26689

TL's reinserted without notice, reinsertion letter, Erik, Pam and WhyChat: http://www.creditboards.com/phpBB2/viewtop...ht=sassy+jovick

Public records -- CRA's as furnishers of information: http://creditboards.com/forums/index.php?s...mp;#entry667797

Nutshell version of the above:
http://creditboards.com/forums/index.php?s...c=55986&hl=

BANKRUPTCY REPORTING:

BK reporting. In general the BK itself or the listing of having been included in BK is incidental to the reporting requirements of the FCRA.

The FCRA requires reporting be complete and accurate; updated and verifiable -- always. If even all of those it cannot be misleading.

So, to the above you can add the teeth of the BK Code itself:

BK Code, effect of discharge:
http://www4.law.cornell.edu/uscode/11/524.html

BK 101 site: http://www.moranlaw.net/contents.htm

For BK accounts, letters to the OCC have been particulary successful, First USA must be stopped:
http://www.creditboards.com/phpBB2/viewtop...asc&start=0

BK and mortgage errors, more RESPA: http://consumers.creditnet.com/straighttal...isamc+and+sassy

BK letter to OC's:
http://creditboards.com/forums/index.php?showtopic=3777

http://creditboards.com/forums/index.php?showtopic=3986

BK TL's, IIB tradelines and what to do about them: http://creditboards.com/forums/index.php?showtopic=9440

For BK TL's: Dispute everything with a dollar amount reporting as due, dance if it's verified, that's a huge violation.

For BK TL's: Dispute everything with a date reporting later than the filing date, dance again.

BK Public record listing, CRA's as furnishers of information: http://creditboards.com/forums/index.php?showtopic=8136

Can a CRA sell information to another CRA: http://creditboards.com/forums/index.php?showtopic=10338

It is important to rebuild credit while you are repairing your credit, do them together and have a plan for both -- they go hand in hand after BK.

Re-building -- Nana's BK Friendly creditors:
http://creditboards.com/forums/index.php?showtopic=17

And, I have to include this update from Marie, as of today, from this thread, for CA's, validation strategy: http://consumers.creditnet.com/straighttal...mp;pagenumber=3



As for current strategy, it�s pretty boring and completely from the FDCPA and FCRA:

*** Don�t bother calling the CA. Keep a log of your actions and conversations***

1.Send a standard validation request of CA in writing (sent certified rr of course)

2.Give 31 days after receipt of letter

3.If no validation is given from CA�(or if bogus validation is given)

4.At 31 days after CA receipt, dispute with the credit bureaus if a trade line is on the report (the idea being if the CA verifies the trade line to the bureau without validating the debt to the consumer it can be construed as continued collection activity without validation: FDCPA violation. And if they can't validate the debt, why are they verifying the trade line: FCRA violation compete and accurate info)

5.See if dumb CA verifies the trade line without validating first

6.See if dumb CA continues collection activity without validating (letters, calls etc)

7.Sometime in that process, apply for local credit and get actual damages (in either denied credit or higher cost of credit/ lesser credit line)� why local credit? You want to easily be able to subpoena a bank employee in case you actually go to court. Also your file must be seen by someone other than you to count as a definition of �file� under the FCRA. Look it up if you don�t believe me or read the Cousins appeal.

8.Sometime in that process, read the FDCPA and FCRA many times. Get adventurous. Read a bit of case law. Find an attorney in case you later need one (good luck finding a good one who knows consumer law)

9.Look up your state laws; you may have better state laws (Go Texas!)

10.Send CA and now possibly original creditor and credit bureau a demand letter detailing all FCRA and FDCPA (and State law) violations for actual, statutory, and punitive damages, court costs, mental and emotional anguish (you get the idea). Request a full deletion of all trade lines and inquiries and an affidavit from a company officer that all the sensitive info (ssn etc) will be purged from their system in full (with the idea that, if there�s no validation there�s a reasonable consumer assumption that there�s no debt. no debt equals no PP under FCRA, etc) and why should they then have your info on file for all to see� wait 31 days after receipt of demand letter.

11.File lawsuit if necessary

12.Settle or go to court (keeping in mind most cases are settled but be prepared to fight in case yours is not)

Boring, isn't it. The real point is to learn the FDCPA and FCRA and your state laws and hold them accountable when they violate the law. We've just learned that there are some sequences that tend to generate a few more violations than others.


Sassy

Edited by MarvBear
non functional links.

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Hi and welcome!

 

Please post questions in the Credit forum, this forum is meant for reference and isn't checked on a regular basis for questions.

 

 

 

 

thanks!

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