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Does WhyChat's SOL letter REALLY work?

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Wow! Thanks for the fast and informative posts!

 

Here is what I have planned (please feel MORE than free to correct me if I am misplacing a step or getting ahead of myself)…

 

1. Enroll in a Credit Monitoring Service (which one is yet to be determined – I need to research here more first) so I can check my progress daily. truecredit-walmart link $11/month or privacymatters-keybank link $10/month

 

2. Obtain new CR’s as the latest I have are dated 6/06 and I want my info to be as accurate as possible. see if this will help ----------------------------------------------------------------------------------------> http://creditboards.com/forums/index.php?showtopic=242892

 

3. Make a copy of my DL, SS Card and utility bill to include w/ Pre-Dispute SOL letter. fwiw...i did not send those docs with my pdsol

 

4. I made up a “letterhead†to print from my home computer, complete with colored font’s (I may even throw some stickers on there just for fun). colored stationairy (preferrably 8.5x11) is sufficient...i wouldnt overplay the underlined objective

5. I rewrote WhyChat’s Pre-Dispute letter to a certain extent. Enough that it doesn’t mirror that specific letter but still contains the same info. good for you...individual situations differ

 

6. Bought some pretty colored gel pens to handwrite the letter with. expensive lil suckers, huh?

7. Send out the handwritten letter and envelopes Certified Mail, wait for a reply and keep checking my CMS for any activity. drop by the post office and grab a couple CM slips beforehand...then when you write your letter you can put the cm# in the body just as whychat suggests... make a sample letter and have a friend or family member critic your handwriting...some have terrible handwriting...almost to the point of unreadable... take it slow and keep it neat...

just a note: i used a regular ballpoint pen when addressing the envelope and cm slip

A few more quick questions:

 

1. Since these are so old, I don’t have a CA stalking me for repayment. Going straight to the CRA should suffice yes? worked for me...no reinsertion or update from ca this month

 

2. I read somewhere on here that you should never handwrite your signature as it could be transferred to ???? Sign these letters or no? (It seems silly not to but one never knows). personally...i sign mine in a first-year-grade-school-cursive 101- style...i have nothing to hide, but my true signature

coverlaugh-1.gif

Again, thanks so very very much to those who take their time and patience to help. Good Luck! and remember:

falldown.gif

you could hurt yourself... :grin:

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I am not familiar withe any difference between the way they investigate a FACTA dispute vs a normal 30 day dispute except it takes 45 days vs 30 days. But WhyChat seems to know more about it than me...

WhyChat, what is the benefit of a FACTA dispute vs a regular dispute? Does it get special handling. A caseworker? Are the verifications done in writing as opposed to electronically? Aren't all disputes a consumer dispute?

 

Thanks

If you do a search for my thread " Disputing Rules Have Changed" you will see the reason.

 

I added all the "pre" dispute letters to my website programs AFTER FACTA was enacted to take advantage of the mandated "special" treatment of CONSUMER disputes.

 

I am going to be a little slow in posting for a while, still under the weather.

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I've got one of Why Chat's pre-disputes in. SOL for my state is 5 yrs, that's past, and this TL is scheduled to fall off in April - 08. Thought I'd give it a shot, Anyone else using Pre- dispute or had any luck to up date us with?

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7 years, yes, that's the SOL for reporting, so it makes sense that these should come off.

 

I think OP question (and some others as well as mine) is whether this works on debts between the legal SOL and reporting SOL.

 

I live in AZ, for example, and legal SOL on open contracts is 3 years. Say I have an account with a DOFD in 2003. They can't make a suit stick, but I still have 4 more years before the reporting SOL expires. Is your SOL letter intended to work to get a deletion in this scenario?

Yes,

 

The key to most of my letters is to find a "loophole" or "catch22" in the various rules and use them to the advantage of the consumer.

 

If you dispute an account as "obsolete" there is an obligation on the part of the CRA to investigate and get either a CORRECT DOFD from the CA,which then gives you a verified and updated entry, or NO response, which gives you a deletion.

 

If you get a verified DOFD from the CA which is beyond the LEGAL SOL for your State, and still within the 7 year reporting SOL and send the CA the SOL letter, they are in a "catch22" situation. When you send the SECOND dispute letter, which again requires them to verify a DOFD which is beyond the legal SOL that you have sent them NOTICE of, they can NOT respond because they are subject to the FDCPA prohibition of implying a legal right to collect on an account they no longer have any legal rights on. ( The FTC has given an opinion that reporting is an implication of asserting a legal right to collect).

 

They can't respond without risking a violation of the FDCPA, they are on notice that they can't sue, they have been given a strict cease and desist which includes verifying or reporting and they can't sell it as a "collectible" account to another CA because of the notification in the SOL letter.

:huh:

 

brilliant.

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Okay, I think I got it..

 

Just one question though - I don't have any CA's chasing me. So will this work for OC's??

 

Thanks....

Yes, if you haven't had any contact with the OC in at least 2 years.(They archive old accounts and can't respond to the CRA's in time)

You need to modify the dispute letter slightly:

 

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

 

I am sending this dispute certified mail # xxxx to make sure you receive it.

 

I have no knowledge or records of account # xxxxx on my report # xxxxx.

 

Please advise me as to the correct name and current address of the creditor, the name of the account holder, and the reported date of first delinquency,as any account I might have had at one time would be obsolete.

 

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

Very truly yours,

 

xxxxxx

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic).

 

DO NOT send it RR

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Okay, I think I got it..

 

Just one question though - I don't have any CA's chasing me. So will this work for OC's??

 

Thanks....

Yes, if you haven't had any contact with the OC in at least 2 years.(They archive old accounts and can't respond to the CRA's in time)

You need to modify the dispute letter slightly:

 

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

 

I am sending this dispute certified mail # xxxx to make sure you receive it.

 

I have no knowledge or records of account # xxxxx on my report # xxxxx.

 

Please advise me as to the correct name and current address of the creditor, the name of the account holder, and the reported date of first delinquency,as any account I might have had at one time would be obsolete.

 

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

Very truly yours,

 

xxxxxx

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic).

 

DO NOT send it RR

 

again, I think this is something evevryone should read up on.

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I tried this with 2 of my OC's - Providian and HSBC/Beneficial to TU only - I wanted to see what kind of response I would get.

 

I personalized the letter up top with my name/address etc, and did the rest of the letter in the same teal italic font.

 

It was verified by TU - no DOFD or deletion.

 

 

Is there something else I can do? Both of these went bad in 2002 - I don't understand why they can continue to verify - don't they sock this stuff away after a while?

 

 

Any help would be appreciated..

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I tried this with 2 of my OC's - Providian and HSBC/Beneficial to TU only - I wanted to see what kind of response I would get.

 

I personalized the letter up top with my name/address etc, and did the rest of the letter in the same teal italic font.

 

It was verified by TU - no DOFD or deletion.

 

 

Is there something else I can do? Both of these went bad in 2002 - I don't understand why they can continue to verify - don't they sock this stuff away after a while?

 

 

Any help would be appreciated..

I also tried it on a couple of accounts about a year ago. Didn't work for me either. I've tried to understand the process but I just can't (other than the process is similar to the 1-2 punch).

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I tried this with 2 of my OC's - Providian and HSBC/Beneficial to TU only - I wanted to see what kind of response I would get.

 

I personalized the letter up top with my name/address etc, and did the rest of the letter in the same teal italic font.

 

It was verified by TU - no DOFD or deletion.

 

 

Is there something else I can do? Both of these went bad in 2002 - I don't understand why they can continue to verify - don't they sock this stuff away after a while?

 

 

Any help would be appreciated..

Did you get a very quick response from TU?? Did you check your credit report to see if they deleted anyway??

 

I suggest an on line filed complaint to the FTC stating that you properly disputed 2 OBSOLETE accounts to TU and that their response was to verify without any of the requested information as to the date of first default reported to them by the 2 creditors as mandated under the FCRA.

http://www.ftc.gov/

 

Print out a copy of this complaint before hitting the enter, send a copy to TU along with a cover letter stating that they are in violation of FACTA and the FCRA and you reserve your right to file against them for damages.

 

As to the success or failure or ANY of the programs on my website-- it helps to follow the directions and make sure you have opted out and deleted all old addresses if possible before starting any dispute program. The SOL letter program was designed primarily for CA's although it MAY work for OC's.

http://whychat.5u.com/nottoca.html

Edited by Why Chat

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WhyChat-

 

I had sent a PFD to the CA collecting for the OC on a charged off checking account. It fell out of SOL two months ago. I waited and didn't get a response from them so decided to go with the SOL letter series. I sent off my dispute letters (with purple ink) to the CRAs yesterday. This account has never been disputed as I did not want to be sued. Lo and behold, today I get a response to my PFD saying the terms I ask for are "unacceptable". Made me glad I mailed my disputes yesterday... but the question is, this response letter I got, has the, "this is an attempt to collect a debt...blah blah blah" at the bottom, could this serve as "recent communication" spoken of in the dispute letter that goes to the CA, or should I just stick with the verification on my reports that they'll do once they E-oscar the DOFD?

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WhyChat-

 

I had sent a PFD to the CA collecting for the OC on a charged off checking account. It fell out of SOL two months ago. I waited and didn't get a response from them so decided to go with the SOL letter series. I sent off my dispute letters (with purple ink) to the CRAs yesterday. This account has never been disputed as I did not want to be sued. Lo and behold, today I get a response to my PFD saying the terms I ask for are "unacceptable". Made me glad I mailed my disputes yesterday... but the question is, this response letter I got, has the, "this is an attempt to collect a debt...blah blah blah" at the bottom, could this serve as "recent communication" spoken of in the dispute letter that goes to the CA, or should I just stick with the verification on my reports that they'll do once they E-oscar the DOFD?

Did you opt out and delete old addresses BEFORE disputing with the CRAs??

 

Checking accounts are a different ballgame than credit card debts. They are in chexsystems as bounced checks, not with CAs collecting on regular debts.

 

You MAY get a deletion as a result of your disputes, but the follow up "SOL" letter will probably not apply as the legal SOL for MOST States on bounced checks is 2 years.

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WhyChat-

 

I had sent a PFD to the CA collecting for the OC on a charged off checking account. It fell out of SOL two months ago. I waited and didn't get a response from them so decided to go with the SOL letter series. I sent off my dispute letters (with purple ink) to the CRAs yesterday. This account has never been disputed as I did not want to be sued. Lo and behold, today I get a response to my PFD saying the terms I ask for are "unacceptable". Made me glad I mailed my disputes yesterday... but the question is, this response letter I got, has the, "this is an attempt to collect a debt...blah blah blah" at the bottom, could this serve as "recent communication" spoken of in the dispute letter that goes to the CA, or should I just stick with the verification on my reports that they'll do once they E-oscar the DOFD?

Did you opt out and delete old addresses BEFORE disputing with the CRAs??

 

Checking accounts are a different ballgame than credit card debts. They are in chexsystems as bounced checks, not with CAs collecting on regular debts.

 

You MAY get a deletion as a result of your disputes, but the follow up "SOL" letter will probably not apply as the legal SOL for MOST States on bounced checks is 2 years.

 

 

Yes, Opted out 2 years ago when I did your HIPAA. This isn't actual bounced checks, it's charged off checking account, due to illegal payday loans that were repeatedly submitted. I've dealt with the illegal payday loans, they vanished long ago. But the checking account is with a CA, collecting for the OC. I'm confused why the SOL letter might not work? I'm in California BTW.

 

The account is with Chex, but it is also on all three of my CRA reports.

Edited by BananaTheDog

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WhyChat-

 

I had sent a PFD to the CA collecting for the OC on a charged off checking account. It fell out of SOL two months ago. I waited and didn't get a response from them so decided to go with the SOL letter series. I sent off my dispute letters (with purple ink) to the CRAs yesterday. This account has never been disputed as I did not want to be sued. Lo and behold, today I get a response to my PFD saying the terms I ask for are "unacceptable". Made me glad I mailed my disputes yesterday... but the question is, this response letter I got, has the, "this is an attempt to collect a debt...blah blah blah" at the bottom, could this serve as "recent communication" spoken of in the dispute letter that goes to the CA, or should I just stick with the verification on my reports that they'll do once they E-oscar the DOFD?

Did you opt out and delete old addresses BEFORE disputing with the CRAs??

 

Checking accounts are a different ballgame than credit card debts. They are in chexsystems as bounced checks, not with CAs collecting on regular debts.

 

You MAY get a deletion as a result of your disputes, but the follow up "SOL" letter will probably not apply as the legal SOL for MOST States on bounced checks is 2 years.

 

 

Yes, Opted out 2 years ago when I did your HIPAA. This isn't actual bounced checks, it's charged off checking account, due to illegal payday loans that were repeatedly submitted. I've dealt with the illegal payday loans, they vanished long ago. But the checking account is with a CA, collecting for the OC. I'm confused why the SOL letter might not work? I'm in California BTW.

 

The account is with Chex, but it is also on all three of my CRA reports.

OK, you need to send a different kind of response to the CA's if the initial dispute letter to the CRA's doesn't get you a deletion.

 

You should NOT have offered a PFD as that gave the CA's the "color" of legitimacy to their claim. Hopefully they ignored it.

 

If you do not get a deletion with the initial dispute letter, PM me and I will help you with a DV /SOL/ fraud/ letter to the CA . Be sure to link THIS thread to your PM, otherwise I will not remember what it is about.

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WhyChat-

 

I had sent a PFD to the CA collecting for the OC on a charged off checking account. It fell out of SOL two months ago. I waited and didn't get a response from them so decided to go with the SOL letter series. I sent off my dispute letters (with purple ink) to the CRAs yesterday. This account has never been disputed as I did not want to be sued. Lo and behold, today I get a response to my PFD saying the terms I ask for are "unacceptable". Made me glad I mailed my disputes yesterday... but the question is, this response letter I got, has the, "this is an attempt to collect a debt...blah blah blah" at the bottom, could this serve as "recent communication" spoken of in the dispute letter that goes to the CA, or should I just stick with the verification on my reports that they'll do once they E-oscar the DOFD?

Did you opt out and delete old addresses BEFORE disputing with the CRAs??

 

Checking accounts are a different ballgame than credit card debts. They are in chexsystems as bounced checks, not with CAs collecting on regular debts.

 

You MAY get a deletion as a result of your disputes, but the follow up "SOL" letter will probably not apply as the legal SOL for MOST States on bounced checks is 2 years.

 

 

Yes, Opted out 2 years ago when I did your HIPAA. This isn't actual bounced checks, it's charged off checking account, due to illegal payday loans that were repeatedly submitted. I've dealt with the illegal payday loans, they vanished long ago. But the checking account is with a CA, collecting for the OC. I'm confused why the SOL letter might not work? I'm in California BTW.

 

The account is with Chex, but it is also on all three of my CRA reports.

OK, you need to send a different kind of response to the CA's if the initial dispute letter to the CRA's doesn't get you a deletion.

 

You should NOT have offered a PFD as that gave the CA's the "color" of legitimacy to their claim. Hopefully they ignored it.

 

If you do not get a deletion with the initial dispute letter, PM me and I will help you with a DV /SOL/ fraud/ letter to the CA . Be sure to link THIS thread to your PM, otherwise I will not remember what it is about.

 

Thank you WhyChat! EX and EQ deleted. TU has verified and re-verified. I even sent account statements in the re-investigation request showing the fraudulent payday loan, they still verified. I'm stuck I suppose?

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The first step is to send the "pre" dispute letter to the CRA,here is a version of it:

 

dispute as follows:

 

Dear CRA

My Name is xxxx

My SS # is xxx xx xxxx

I am sending this dispute certified mail # xxx to make sure you receive it.

 

On my credit report # xxxxx the following account(s) is/are inaccurate

Account # xxxxx

 

I have no record of this/these account(s) from this/these creditor(s)

for this/these dates for this/these amount(s)

 

Any accounts I may have had in the past with any similar creditor(s)

would have had a date of last activity over 7 years ago and would be

obsolete.

 

If this/these account(s) is/are verified, please furnish me with the

name and address of the verifying party,the method of verification, and

the reported first delinquency from the original creditor.

 

Sincerely,

 

Make sure you use personalized stationery,and if you are doing it on

your computer ( hand written is best)use purple or teal italic font.

HAND ADDRESS the envelope and send it certified, but NOT RR.

 

This will get rid of MOST of your older accounts that are past the legal SOL for your State but are NOT yet over the 7 year reporting period.

 

If they are FULLY verified, with the DOFD as requested, you can then send them the SOL letter and follow up with the 2nd dispute letter.

 

I do not wish to go into another lengthy discussion of why this works, if you search you will find a BIG LONG thread on it with MUCH discussion of the legal basis.

 

I've followed the exact steps and it worked for a couple since I got a return letter as not able to be delivered but it did not work for one pesky CA that has verified the debt. Do you have any suggestions on how to proceed with a CA for a debt past the SOL that is still on my credit report for another year?

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This is a fantastic thread.

 

The trick is to let it get past the 7 years/SOL. (Since 7 years and in some cases 7 years 6 months is how long it can be reported for.)

 

Sent from my SM-N900V using Tapatalk

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Hey, quick question: How many accounts per dispute should I do? There's about 10 total accounts, should I do 5 per dispute, wait for the results then dispute the next 5?

 

WhyChat - hopefully you're here :)

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